Taylor Communications, Inc. (“Taylor Communications”) maintains this Website and other Taylor Communications websites that are linked to this Website (collectively the “Website”) and all the information, communications, software, scripting, photos, text, video, graphics, logos, trademarks, trade names, button icons, pre-designed templates, sounds, processing and other functionality, images and other materials and services found on the Website (collectively “Content”), for the use of its customers and employees.
ACCEPTANCE OF CONTRACT TERMS; JURISDICTION
Taylor Communications provides its customers with a variety of internet ordering and printing services (collectively, the “Services”). You agree that your use of such Services is at your own risk. The Content and Taylor Communications proprietary software, may be used in providing the Services, and are subject to the reservation of intellectual property rights contained herein.
If you do not agree to these terms, please do not use the Website, and exit now.
The Website is controlled and operated in whole or in part by Taylor Communications from its offices within the United States. BY ACCESSING THE WEBSITE YOU AGREE THAT THE STATUTES AND LAWS OF THE UNITED STATES AND THE STATE OF MINNESOTA, U.S.A., WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES, WILL APPLY TO ALL MATTERS RELATING TO USE OF THE WEBSITE, AND YOU AGREE THAT ANY LITIGATION SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN MINNESOTA U.S.A. Those who access the Website from other locations do so at their own risk and are responsible for compliance with applicable local laws. Taylor Communications makes no representation that the Content in the Website is appropriate or available for use in other locations or that access to it from outside the U.S.A. is legal. As a condition of your use of the Website, you warrant to Taylor Communications that you will not use the Website for any purpose that is unlawful or prohibited by the terms, conditions, and notices contained herein. You shall not, at any time, (a) reverse engineer, decompile or disassemble any portion of the Website or tamper in any way with the operation of the Website, or (b) insert or make use of any type of disabling device including, but not limited to, viruses, worms, Trojan horses, time bombs, cancelbots or any similar device that may impair, damage, disrupt, or interfere with the proper working order of the Services or any servers or networks connected to or used with the Services or Website. Your use of the Website is subject to all applicable local, state, national and international laws and regulations. You acknowledge that Taylor Communications reserves the right in its sole discretion to refuse or terminate access to the Website by you at any time.
RESTRICTIONS ON USE OF CONTENT
END-USER LICENSE TO USE TEMPLATES
You may order those Templates for which you have paid the requisite fee(s), for use by a single individual or business entity in accordance with the terms and conditions set forth below.
You may incorporate into the Template(s) your business’s trade name, address and/or contact information, and or your business’s trademarks. You may prepare derivative works based on the Templates by incorporating therein textual material, either in addition to, or in place of, the textual material supplied as part of the licensed Template(s). You may not delete any Pictorial Material from the Template(s), except for placeholders provided therein for your business logo. For purposes of this Agreement, “Pictorial Material” means any photographs, illustrations or other graphics that are not strictly textual. You may not delete from the Template(s) any notice of copyright, trademark or proprietary rights respecting Pictorial Material.
You may make copies of the Template(s) or derivative works licensed hereunder, and distribute these or display them publicly, exclusively for the purposes of disseminating information regarding the issues addressed in the original Template(s) and advertising or disseminating information about your business.
You may not affix the trademarks, trade name, address or contact information of Taylor Communications or any third party to the Template(s).
You may not use the Templates or any derivative works based thereon for any purpose other than to disseminate information pertinent to the topics addressed by the original Templates and to advertise and disseminate information about your business. You may not extract any pictorial material from the templates for use in any other context.
You may not reverse engineer, decompile, or disassemble any of the Templates in any manner that enables you or any other party to download Pictorial Material separately from the Templates.
You may not modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative work from, transfer, sell, or otherwise use the Pictorial Material, except as integral parts of the Templates, as permitted by this Agreement.
You may not sublicense any right conferred to you by this Agreement, or exercise any right conferred by this Agreement through any party acting on your behalf, except Taylor Communications.
All title and copyrights in and to the Templates (including, without limitation, any textual, Pictorial Material or graphic material incorporated therein), are owned by Taylor Communications or its suppliers. This license for use and modification of the Templates is conferred at the discretion of Taylor Communications and may be revoked at will. Without limitation upon notice from Taylor Communications, or upon your knowledge that any Template, in its original or modified form, is subject to a threatened, potential or actual claim of infringement of another’s right, you must immediately and at your own expense stop using the Template, in both its original and modified form. You must also delete or remove the Templates from your premises, computer systems and storage (electronic or physical), except where retention and preservation of the Templates on your premises or in your computer systems is necessary in order to comply with your legal obligations to preserve evidence. In the event that Taylor Communications is notified that any content of the Templates infringes upon the rights of a third party, Taylor Communications may cease to make the affected Templates available to you.
Users of the Templates do not receive any copyright in the Templates or the contents thereof. Neither your use of the Templates nor your creation of derivative works based on the Templates shall give rise to a work of joint authorship or joint ownership, or to a “work made for hire” for Taylor Communications.
Should you transmit to Taylor Communications any information or materials, including, without limitation, ideas, concepts or techniques for new or improved products or services, in the form of comments, feedback, questions, suggestions or the like, you agree that such submissions are unrestricted and shall be deemed non-confidential , and you automatically grant to Taylor Communications and its assigns a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license, with the right to use, copy, modify, transmit, distribute, sublicense, and display the same. You agree that you will not assert any claim against Taylor Communications on the grounds that Taylor Communications has made any revisions to one or more of its Templates that are similar to revisions made by you.
You agree that you will not seek registration of claim of copyright in any derivative work based on any one or more of the Templates. Further, you agree that, upon Taylor Communications request, you will provide all reasonable cooperation to Taylor Communications in the assertion and defense of any claim that the Templates infringe the intellectual property rights or rights of privacy or publicity of any third party.
SUBMISSIONS OF INFORMATION
When using any Services provided via the Website, you may elect to upload or otherwise submit materials to the site (collectively “Materials”). Taylor Communications does not supervise the uploading of any user-provided Materials to this site, although it reserves the right to do so. You agree, represent and warrant that in using the Services, you will not upload or otherwise transmit to Taylor Communications Materials that (i) are unlawful, threatening, abusive, defamatory, obscene or which invade another person’s privacy or further the commission or concealment of a crime; (ii) are not lawfully yours to transmit; (iii) are the subject of, or which infringe upon any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity. Any information or Materials you send through the Website, you hereby grant Taylor Communications an unrestricted, royalty-free, irrevocable, worldwide license to use, reproduce, display, perform, modify, transmit, and distribute the information and Materials. Personally-identifiable information you submit to us shall be treated in accordance with our privacy and security policies. You agree to assume the security risk for any information you provide using the Website. Taylor Communications takes no ownership in any Materials uploaded to the Taylor Communications Website, except Taylor Communications retains its rights in and to the Content that is present on the site or that may be created and/or supplied by or for Taylor Communications.
LINKS TO THIRD PARTY WEBSITES
The Website may contain hyperlinks to websites operated by parties other than Taylor Communications. Such hyperlinks are provided for your reference only. Taylor Communications does not control the target websites and is not responsible for their contents. Taylor Communications makes no representation that it is associated with the operators, or endorses the content, of any target website for which hyperlinks are provided at the landing page for the Templates or elsewhere at Taylor Communications’ Website. Taylor Communications is not responsible for damages or losses caused by any delays, defects or omissions in the services, information or other content provided by the target websites, whether direct, consequential, incidental or special, and whether or not Taylor Communications has been advised of the possibility of such damages. Taylor Communications makes no guarantees or representations as to, and shall have no liability for, any electronic content obtained from any third party, including, without limitation, the subject matter, accuracy, quality or timeliness of any such electronic content.
USER CONDUCT AND RESPONSIBILITIES
You are responsible for obtaining access to the Website and that access may involve third party fees (such as Internet services provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Website. Your use of the Website is subject to all applicable local, state, national and international laws and regulations. You represent and warrant that all information that you provide to Taylor Communications when purchasing product or services on the Website is accurate and complete, including without limitation shipping information.
WARRANTIES AND INDEMNIFICATION
You represent and warrant that all information that you provide to Taylor Communications for the purpose of accessing and downloading the Templates, or procuring any other product or service at Taylor Communications website, is truthful and complete.
You represent and warrant that all material that you contribute to derivative works based on the Templates shall contain information that is: 1) in the public domain, or 2) original work in which you own copyright, or 3) work for which you have been conferred a license that permits both your and Taylor Communications inclusion of the work in any of the Templates made available by Taylor Communications. You agree to obtain a release from any person whose photograph or likeness you may in future seek to incorporate into the Template(s), under said person’s rights of privacy and publicity.
YOU AGREE TO HOLD HARMLESS AND INDEMNIFY TAYLOR COMMUNICATIONS FROM AND AGAINST ALL CLAIMS, DAMAGES, JUDGMENTS, EXPENSES, LOSSES, FINES, LIABILITIES AND ATTORNEYS’ FEES AND COSTS, AS INCURRED, ARISING DIRECTLY OR INDIRECTLY FROM, (I) YOUR BREACH OF THIS AGREEMENT; (II) YOUR USE OF THE TEMPLATES OR OTHER PRODUCTS OR SERVICES OF TAYLOR COMMUNICATIONS IN VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR IN VIOLATION OF APPLICABLE LAWS; (III) CLAIMS ASSERTED AGAINST YOU BY THIRD PARTIES, ARISING FROM YOUR USE OF THE TEMPLATES OR OTHER PRODUCTS OF TAYLOR COMMUNICATIONS, OR YOUR INCORPORATION OF MATERIALS INTO THE TEMPLATES IN VIOLATION OF THE RIGHTS OF THIRD PARTIES; (IV) CLAIMS ASSERTED AGAINST YOU BY THIRD PARTIES FOR FALSE ADVERTISING OR PERSONAL INJURY, INCLUDING IF APPLICABLE MALPRACTICE, ARISING FROM ANY INFORMATION OR REPRESENTATIONS THAT YOU ADD TO THE TEMPLATES, OR ANY MODIFICATION THAT YOU MAY MAKE TO THE INFORMATION INCLUDED IN THE ORIGINAL TEMPLATES BY TAYLOR COMMUNICATIONS; (V) YOUR USE OF AND RESULTS FROM THE USE OF THE WEBSITE; (III) BODILY INJURY TO ANY PERSON OR DAMAGE TO ANY PROPERTY BY YOU; (IV) YOUR NEGLIGENT OR WILLFUL ACT OR ANY BREACH HEREOF BY YOU; (V) ANY ALLEGATION THAT ANY MATERIALS YOU PROVIDED CONSTITUTE INFRINGING MATERIALS; OR (VI) YOUR ACTIVITIES CONDUCTED IN CONNECTION WITH THIS SITE.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
TAYLOR COMMUNICATIONS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR THE LOSS OF BUSINESS, DATA, PROFITS OR SUBMISSIONS, AS A CONSEQUENCE OF: (I) TAYLOR COMMUNICATIONS PROVISION OF, OR YOUR USE OF OR INABILITY TO USE, THE TEMPLATES, TAYLOR COMMUNICATIONS WEBSITE, OR ANY OTHER CONTENT, INFORMATION, LINKS, MATERIALS, PRODUCTS OR SERVICES; (II) ANY ERRORS IN THE CONTENT OF THE TEMPLATES OR OTHER MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE BY TAYLOR COMMUNICATIONS; (III) THE LATE DELIVERY, NON-DELIVERY, MIS-DELIVERY, OF TEMPLATES OR OTHER GOODS OR SERVICES, OR DAMAGE TO, OR LOSS OF, TEMPLATES OR OTHER GOODS OR SERVICES; OR (IV) ANY CLAIMS ASSERTED BY THIRD PARTIES; OR (5) ANY OTHER CIRCUMSTANCES, WHETHER YOUR CLAIM IS BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER THE ALLEGED DAMAGES ARE FORESEEABLE OR NOT, EVEN IF TAYLOR COMMUNICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON DURATION OF IMPLIED WARRANTIES IN SUCH JURISDICTIONS; CERTAIN OF THE ABOVE DISCLAIMERS MAY NOT APPLY.
DEFECTIVE / NON-CONFORMING TEMPLATES AND/OR PRINTED PRODUCT
In the event any subject Template, printed product or service is defective or non-conforming Taylor Communications will either (i) provide a replacement of the Template or printed product, or re-perform the services, or (ii) refund any prepaid fees that Taylor Communications received for the defective or non-conforming Template or printed product or service. This shall be Taylor Communications entire liability to you and your exclusive remedy if the Templates, printed products, or services are found to be defective or non-conforming.
All claims, whether they regard printing services or shipping services, should be resolved by contacting Taylor Communications. Failure to contact Taylor Communications directly will cause a delay in the processing of your claim.
You will pay all charges incurred by you or any other member of your account via credit card or other payment mechanism at the prices in effect when such charges are incurred, including any applicable taxes relating to your purchases. Unless agreed to in some other writing, payment will be due at the time the services are rendered or, if applicable, when the invoice is received. All fees are quoted in United States Dollars and all payments shall be in United States Dollars.
TRANSFER OF TITLE
You agree that the shipping terms for all printed products are FOB shipping point and ownership transfers to you upon shipment. This means that the risk of loss and title for such items passes to you upon delivery to the carrier. For any product that is to be provided to you in an electronic format, you agree that delivery of such products shall be deemed to have occurred either (i) at the time we transmit the product via email or other electronic communication addressed to you; or (ii) at the time we transmit a notification to you that the product is available for downloading from the Website; or (iii) at the time the product is available for viewing from the Website.
TRADEMARKS AND SERVICE MARKS
Taylor Communications, and marks shown with an ® are owned by Taylor Communications or their respective owners, and registered with the U.S. Patent and Trademark Office. Other trademarks, such as product and service names, found on Taylor Communications websites are owned by Taylor Communications or by third parties. No Taylor Communications trademark or service mark may be used as a hyperlink or otherwise, including but not limited to for advertising or promotion purposes, without Taylor Communications prior written permission.
NO OTHER RELATIONSHIP
The use of this site creates no relationship, contractual or otherwise, between you and any other entity, supplier or service provider, other than Taylor Communications.
STATUTE OF LIMITATIONS
Notwithstanding the disclaimers of warranty set forth herein, any cause of action arising out of or related to your use of the Templates or Taylor Communications website must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. Some jurisdictions may prohibit the shortening of the time period in which a cause of action must be brought. In all such jurisdictions, the applicable time period shall be the minimum allowed by law.