Superwraps.com provides service to you, subject to the following Terms of
Service ("TOS"), which may be updated by us from time to time without
notice. By accessing any page on this site, you agree to be bound by these
terms and conditions.
I. Use Of Service
We currently provide our customers with access to instant quoting, design
online and other printing resources (collectively, the "Service").
Unless explicitly stated otherwise, any new features that augment or enhance
the current Service, shall be subject to these TOS. You understand and agree
that the Service is provided "AS-IS" and that we assume no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user communication,
design, graphic, or photo that you or any other person customizes or supplies.
II. Design Shop Graphics
Graphics used in the design online tools may be used on any printed product
for individual, internal or promotional non-commercial purposes only. For
example, you may use the design online tool to design a label, such as an
asset tag, for your personal (or your company's) use, however you may not
then re-sell the asset tags commercially. If you have any questions regarding
the use of the design online tools, please contact us directly as shown below.
III. Fonts
The typefaces on final printed products are graphic representations of the
original fonts that appear on your screen. As these technically exist only
on our servers, it is not possible to download these typefaces.
IV. Personal data
In consideration of your use of the Service, you agree to provide true, accurate,
current and complete information about yourself as prompted by the Service's
registration form or similar query ("Personal Data"). Personal Data
and certain other information about you is subject to our Privacy Policy.
For more information, please see our full privacy policy.
V. Customer Content
You understand that all information, data, text, photographs, graphics, messages
or other materials ("Content") are the sole responsibility of the
person from which such Content originated. This means that you, and not us,
are entirely responsible for all Content that you send, upload, post or otherwise
transmit via the Service. Recognizing the global nature of the Internet, you
agree to comply with all local rules regarding online conduct and acceptable
Content. You agree to not use the Service to send, upload, post or otherwise
transmit any Content that contains (i) child pornography or anything indecent,
obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure
a person, a threat to injure the personal property or reputation of another
person, a threat to accuse any person of a crime, a threat to inform another
that a person has violated any law of the United States, or a threat of blackmail;
(iii) any matter advocating or urging treason, insurrection, or forcible resistance
to any law of the United States; (iv) any defamatory remarks directed at any
other person or company; or (v) any content that infringes the intellectual
property rights or other proprietary rights of ours or any third party. We
do not control the Content posted by Customers and we do not guarantee the
accuracy, integrity or quality of the Content. Under no circumstances will
we be liable to you in any way for any Content you may be exposed to that
you may find offensive, indecent or objectionable. You understand that you
control the privacy of any Content you elect to post by granting access under
your personal password. When you, or someone to whom you have given access,
orders a print item using your password, you grant us the world-wide, royalty
free and non-exclusive license to use, reproduce, sublicense, modify, adapt,
publish, display and create derivative works from the Content on the Service
and on the printed product for the purposes of storing designs or processing
print orders. This license exists only for the length of time necessary for
us to complete your order or until you delete the Content from the Service.
You acknowledge that we do not pre-screen Content, but that we shall have
the right (but not the obligation) in our sole discretion to remove any Content
that violates the TOS or may otherwise be objectionable. You further acknowledge
and agree that we may preserve Content and may also disclose Content if required
to do so by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce the
TOS; (c) respond to claims that the Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of our business, our
customers and the public.
VI. Indemnity
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers,
agents, co-branders, print vendors, business partners, employees, successors
or assigns harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content you submit,
post to or transmit through the Service, your use of the Service, your connection
to the Service, your violation of the TOS, or your violation of the rights
of a third party.
VII. No Resale Of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
VIII. General Practices Regarding Use And Storage
You acknowledge that we may establish general practices and limits concerning
your use of the Service, including limitation on the maximum number of days
that designs or other uploaded Content will be retained by the Service, the
maximum size of any Content that may be uploaded on the Service, and the maximum
disk space that will be allotted on our servers for Customer use. You agree
that we have no responsibility or liability for the deletion or failure to
store any Content maintained or transmitted to the Service. You acknowledge
that we reserve the right to delete Content stored on the Service that is
inactive for an extended period of time. You further acknowledge that we reserve
the right to change our general practices and limits at any time, in its sole
discretion, with or without notice to you.
IX. Modification Or Termination To Service
We reserve the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice to you. You agree that at our sole discretion, may terminate your password,
account (or any part thereof) or your use of the Service, and remove and discard
any Content for any reason, including, without limitation, for lack of use
or if we believe that you have violated or acted inconsistently with the letter
or spirit of the TOS. We may also, at our sole discretion, and at any time,
discontinue providing the Service, or any part thereof, with or without notice
to you. You agree that we shall not be liable to you for any loss or damage
you may suffer due to any modification, suspension, termination or discontinuance
of the Service.
X. Dealings With Third Parties
Your correspondence or business dealings with, or participation in promotions
of, any third parties found on or through the Service, including payment and
delivery of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you and
such third party. You agree that we shall not be responsible or liable for
any loss or damage of any sort incurred by you as the result of any such dealings
or as the result of the presence of such third parties on the Service.
XI. Links
From time to time, you may find, links to third party websites from the Service.
You acknowledge your understanding that your access to and use of any third
party website will be governed by the terms and conditions belonging to such
third party. We do not endorse and we are not responsible for your use of
or exposure to any content, advertising, products, or other materials found
at or available from these websites. You further acknowledge and agree that
we shall not be responsible or liable, directly or indirectly, for any damage
or loss you may suffer or allege to suffer in connection with your use of
or reliance upon any content, goods or services available on or through any
third party website.
XII. Disclaimer Of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT
YOUR SOLE RISK. The service is provided on an "as is" and "as
available" basis. We expressly disclaims all warranties of any kind,
whether express or implied, including, but not limited to the implied warranties
of merchantability, fitness for a particular purpose and non-infringement.
(B) we make no warranty that (i) the service will meet your requirements,
(ii) the service will be uninterrupted, timely, secure, or error-free, (iii)
the results that may be obtained from the use of the service will be accurate
or reliable, and (iv) the quality of any products, services, information,
or other material purchased or obtained by you through the service will meet
your expectations.(C) no advice or information, whether oral or written, obtained
by you from us or through the use of the service shall create any warranty
not expressly stated in the TOS.
XIII. Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, VENDORS OR OTHER BUSINESS PARTNERS, SHALL NOT BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR INABILITY TO
USE THE SERVICE; (Ii) YOUR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(Iii) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(Iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
XIV. Trademark Information
Our company name and web site address are our trademarks. You shall not display
or use them in any manner without our prior written permission. All other
brand and product names found on our site are considered trademarks or registered
trademarks of their respective companies. You may not place or reproduce any
trademarks, service marks, or logos that are not owned by you or licensed
to you onto materials and merchandise to be printed via our Service. Words,
names, and designs used to identify services or products are considered trademarks,
service marks, and/or logos. The same policy applies for copyrights. You may
not use copyrighted materials from artists, photographers, publishers, writers,
composers, and other authors of original works unless specifically licensed
to you by the copyright holder.
XV. Copyright Infringement
We respect the intellectual property of others, and we ask our customers to
do the same. If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide us with the following information:
(a) an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest; (b) a description of the copyrighted
work that you claim has been infringed; (c) a description of where the material
that you claim is infringing is located on the site; (d) your address, telephone
number, and email address; (e) a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law; (f) a statement by you, made under penalty of perjury,
that the above information in your Notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.
Superwraps.com and its dealer partners does not have the ability to verify
the authorization of each order with respect to trademark infringement prior
to going to print. The responsibility of obtaining the proper authorization
to reproduce artwork that is a registered trademark or copyright lies entirely
with you and your company. You must secure the proper permission, if needed,
before submitting any order that includes copyrighted logos or artwork. By continuing
with your purchase you are conveying to us that YOU have authorization, or that
you have secured permission to reproduce the requested trademark or logos for
an authorized dealer, sponsor, advertiser, promotion, etc. Any effort to fraudulently
purchase and entrap or damage us in anyway by misuse of trademark or copyright
laws to create financial gain, discredit our good name and standing in the market
place, etc. is subject to civil and criminal liabilities.
XVI. General Information
The TOS constitutes our entire agreement with you and governs your use of
the Service, superceding any prior agreements between us. You also may be
subject to additional terms and conditions that may apply when you use affiliate
services, or third-party content. These TOS and the relationship between us
shall be governed by the laws of the State of Texas, without regard to its
conflict of law provisions. Our failure to exercise or enforce any right or
provision of these TOS shall not constitute a waiver of such right or provision.
If any provision of these TOS is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision, and
the other provisions of these TOS remain in full force and effect. You agree
that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Service or these TOS must
be filed within one (1) year after such claim or cause of action arose or
be forever barred.
XVII. Violations
Please report any violations of the TOS to our staff.
XVIII. Color Matching
Digital proofs are provided upon request via email or the web. Color matching
is done to the best of our ability. Due to the infinite configuration possibilities
of end-user hardware and software, it is impossible to perfectly match the
proof that is provided. All proofs are understood to be close representations
of the printed product, and will inevitably have a certain degree of deviance
from a monitor's image.
XIX. Replacements
Under no circumstances will a refund be issued for any custom printed graphics.
All graphics produced are completely custom, and are therefore only of value
to the original purchaser. We may replace defective graphics if the original
defective portion of the graphic is returned to us in its entirety. Defects
are limited to faulty materials or workmanship. Under no circumstances will
installation error be considered a defect.