Effective Date: April 2017
These Terms provide that all disputes between you and Circle Graphics will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution and Arbitration for the details regarding your agreement to arbitrate any disputes with Circle Graphics, Inc.
We may make changes to these Terms from time-to-time. We will notify you of any material changes by sending you an email, posting a notice on the home page of the Website, or posting a notice in your account when you first login after we have made changes. If you receive notification of a change in our Terms, you must review the new Terms carefully to make sure you understand our practices and procedures. You may not be able to receive notices from us if your cookies are not set to accept and/or are disabled. Your continued use of the Website following posting of a change notice or new Terms on the Website will constitute binding acceptance of the changes.
We provide a number of Internet-based services through the Website (all such services, collectively, the "Services"). One such service enables users to create and purchase customized products, including without limitation, framed and unframed canvas prints (collectively, "Products"). Users may create and purchase individual Products for their own use through the Services. We may offer a number of additional services on the Website, such as galleries, message boards, contests, and newsletters, which may change from time-to-time.
All pages within this Website and any material made available for download are the property of Circle Graphics, or its licensors or suppliers, as applicable. The Website is protected by United States and international copyright and trademark laws. The contents of the Website, including, without limitation, the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Website (collectively, "Content") may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in these Terms or in writing by Circle Graphics. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, the Content, or other proprietary information (including images, text, page layout, or form) without our written consent.
We will only knowingly provide the Services to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Services are not intended for children under the age of 13.
You must comply with all of the terms and conditions of these Terms, the applicable agreements and policies referred to in these Terms, and all applicable laws, regulations, and rules when you use the Services and the Website.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (i) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (ii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization; or (ii) accessing or using the Website or any portion thereof without authorization in violation of these Terms or in violation of applicable law. You may not collect or use information contained on the Website for the prohibited purposes, to compete with us, to create derivative works based on the Content of the Website, or download or copy the Website (other than page caching).
In the event access to the Website or a portion thereof is limited requiring an account with a username and password ("Protected Areas"), you agree to access Protected Areas using only your account as provided to you by Circle Graphics. You agree to protect the confidentiality of your username and password, and not to share or disclose your username or password to any third party. You agree that you are fully responsible for all activity occurring under your account. Your access to the Website may be restricted or revoked by us at any time with or without cause.
We may use third parties to provide certain services accessible through the Website. We do not control those third parties or their services, and you agree that we will not be liable to you in any way for your use of such services. These third parties may have their own terms of service and other policies. You must comply with such terms and policies as well as these Terms when you use those services. If any such terms or policies conflict with these Terms, or any other agreements or policies, you must comply with these Terms, and such other agreements and policies, as applicable.
You may purchase Products and Services on the Website. We accept all major credit cards issued by U.S. banks. If you purchase any Products or Services, you agree to do so in accordance with instructions provided on the Website, and agree to comply with any additional terms that may be provided. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped (except for orders, including pre-orders, paid for with a gift card or PayPal account which are charged at the time you place your order, not when your order is shipped). Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. You represent and warrant that if you are making online payments that (i) any credit card, debit card, and bank account information you supply is true, correct, and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
You may only use the Website and Services only as expressly permitted by Circle Graphics. You agree to not cause harm to the Website or Services. Specifically, but not by way of limitation, you may not: (i) interfere with the Website or Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile, or disassemble any technology used to provide the Services; (iii) use a robot, spider, or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters, or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Services; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain our name or trademarks; (vii) engage in any activity that interferes with another user’s ability to use or enjoy the Services; (viii) deep-link to any feature or content on the Website, bypass our security, robot exclusion headers, or other; or (viii) assist or encourage any third party in engaging in any activity prohibited by these Terms.
YOU ARE HEREBY ADVISED THAT ANY IMAGES SUBMITTED BY YOU ARE SUBJECT TO REVIEW AND EXAMINATION BY CIRCLE GRAPHICS. ANY AND ALL IMAGES ARE, OF COURSE SUBJECT TO ALL APPLICABLE LAWS REGARDING CHILD PORNOGRAPHY, CHILD ABUSE, OR OBSCENE OR PORNOGRAPHIC MATERIAL. ANY PERCEIVED VIOLATIONS OF LAW WILL BE REPORTED BY CIRCLE GRAPHICS TO APPLICABLE LAW ENFORCEMENT AUTHORITIES. CIRCLE GRAPHICS RESERVES THE RIGHT IN ITS SOLE AND ABSOLUTE DISCRETION TO REFUSE TO PROCESS OR POST ANY MATERIALS DEEMED OBJECTIONABLE BY CIRCLE GRAPHICS.
Although we attempt to ensure the integrity and accurateness of this Website, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Website, Services, or Content therein. It is possible that the Website could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Website may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or Content posted to the Website from any third party not affiliated with Circle Graphics.
We have made significant efforts to accurately display the images of our Products that appear on the Website and the Content. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.In the event a Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from third parties, we shall have the right to refuse or cancel any orders placed for the Product or Service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit or debit card account for the amount of the canceled order. We reserve the right to modify the organization, structure, or "look and feel" of the Website or Services, and may change, suspend, or discontinue any aspect of the Website or Services at any time without any liability to you or any third party. We shall have complete and exclusive discretion over the features, functions, prices, and other terms and conditions on which the Website and Services are offered to you.
As part of these Services, we may offers a service that allows you to upload images, photographs, graphic designs, and other content (collectively, "User Generated Content") to the Website to create, produce, and purchase Products featuring the uploaded Content for your own use ("Printing Service").
If you wish to use the Printing Service, you will upload or deliver to us all User Generated Content that you want to use with the service in accordance with the applicable instructions on the Website. We may, in our sole and exclusive discretion, determine whether any User Generated Content complies with such instructions and is satisfactory for use with the Printing Service.
You will retain ownership of the User Generated Content that you upload to the Website. You hereby grant to us a royalty-free, worldwide, transferable, non-exclusive, sublicensable, right and license to use such User Generated Content, in all media existing now or created in the future, as we deem necessary to enable you to fully use the Printing Service and for us to provide the Printing Service. We may sublicense the rights that you grant to us in this Section to a third party subcontractor for any appropriate purpose including, but not limited to, providing the Printing Service, processing your order, and producing and shipping your Products.
As a part of our Services, you may have the option of creating a gallery of your User Generated Content ("Gallery"). You are responsible for all the content in your Gallery. You understand and agree that we shall not be liable for any access to, use of or disclosure of any User Generated Content, including images, comments or other content in your Gallery. We may require you to change the URL for your Gallery.
You agree not to provide any User Generated Content, comments, ideas, suggestions, information, files, videos, images, or other materials that (i) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (ii) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (iii) contains or transmits a virus or any other harmful component. You represent and warrant to us that you have the legal right and authorization to provide all User Generated Content, comments, ideas, suggestions, information, files, videos, images, and any other materials to us for the purpose and use as set forth herein. You agree not to contact other users of the Website through unsolicited e-mail, telephone calls, mailings, or any other method of communication.
You grant Circle Graphics the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Circle Graphics and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
All brand, product, and service names used on the Website which identify us or other third parties and their products are the proprietary marks of Circle Graphics and/or the relevant third parties. Nothing in these Terms shall be deemed to confer on any person any license or right on the part of Circle Graphics or any third party with respect to any such image, logo, or name. You shall not make any use of any Circle Graphics trademarks, logos, or trade dress without our prior express and written approval.
All User Generated Content and other materials are subject to review and examination by us. Any and all images are subject to all applicable laws, and any perceived violations of law will be reported by us to the applicable law enforcement authorities. We reserve the right in our sole and absolute discretion to refuse to process or post any User Generated Content and other materials that we deem objectionable.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications, or any other information ("Submissions"), you grant us permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that we will have no obligation to keep any Submissions confidential. You will not bring a claim against us based on "moral rights" or the like arising from our use of a Submission.
All items purchased through this Website are made pursuant to a shipment contract. Title and risk of loss for all products ordered by you shall pass to you on our shipment to the shipping carrier. We reserve the right to ship partial orders.
For shipments to Canada, you authorize UPS Canada as chosen by Circle Graphics to act as your agent and to transact business with the Canada Border Services Agency ("CBSA") to clear any merchandise, account for duties and taxes, return merchandise, and prepare and submit refund claims on your behalf for any merchandise that is returned. You acknowledge and agree that the CBSA shall send any refund of duties and taxes that were paid on the returned merchandise to the broker, and that you will obtain the refund directly from Circle Graphics. You authorize the custom broker to endorse any refund check issued by the CBSA in your name, so that Circle Graphics may be reimbursed.
Any and all products available for purchase or license on the Website are subject to the export control laws and regulations of the United States and any other countries, as applicable. In purchasing any of the products, you agree not to dispose through export, re-export, trans-shipment, or otherwise, of any product purchased or licensed from or through Circle Graphics, except in accordance with all applicable export control laws and regulations.
You represent and warrant to Circle Graphics (i) that you have the full power and authority to enter into and perform under these Terms, (ii) the execution and performance of your obligations under these Terms does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, and (iii) these Terms are a legal, valid, and binding obligation of you, enforceable in accordance with its terms and conditions.
You represent and warrant to Circle Graphics that, in your use of the Website and Services, (i) you will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other legal right of any third party; (ii) you will comply with all applicable laws, rules, and regulations; (iii) there are no claims, demands, or any form of litigation pending, or to the best of your knowledge, threatened against you with respect to any of the User Generated Content or Submissions; (iv) Circle Graphics will not be required to make any payments to any third party in connection with its use of the User Generated Content or Submissions; (v) the use of any instructions, formulae, recommendations, or the like contained in the User Generated Content or Submission will not cause injury to any third party; and (vi) the User Generated Content or Submissions does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
You agree to indemnify and hold us, Circle Graphics, and our representatives, agents, affiliates, directors, officers, managers, and shareholders (the "Parties") harmless from and against any damage, loss, and expense (including, without limitation, attorneys’ fees, expenses, and costs) incurred in connection with any third-party claim, demand, or action ("Claim") brought against any of the Parties (i) alleging that you have breached any provision of these Terms or any applicable laws, rules, or regulations through any act or omission, (ii) arising out of any User Generated Content you post or allow to be posted to the Website or any Submissions, or (iii) arising out of your use or access of the Website, or access by anyone accessing the Website using your account.
For any indemnification under this Section, Circle Graphics will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Circle Graphics’ express written permission.
CIRCLE GRAPHICS PROVIDES THE WEBSITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. CIRCLE GRAPHICS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SERVICES, OR ITS USE: (I) WILL BE UNINTERRUPTED; (II) WILL BE FREE OF INACCURACIES OR ERRORS; (III) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. CIRCLE GRAPHICS MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT. CIRCLE GRAPHICS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, WEBSITE-RELATED SERVICES, AND LINKED WEBSITES. CIRCLE GRAPHICS DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY CIRCLE GRAPHICS ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
CIRCLE GRAPHICS AND ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF CIRCLE GRAPHICS TO YOU WITH RESPECT TO YOUR USE OF THIS WEBSITE IS $100 (ONE HUNDRED DOLLARS).
All notices required or permitted to be given under these Terms will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail; (ii) nationally-recognized overnight courier; or (iii) electronic mail. If you give notice to us, you must use the following addresses: 120 Ninth Avenue, Longmont, Colorado, 80501 or firstname.lastname@example.org. If we provide notice to you, we will use the contact information provided by you to us. All notices will be deemed received as follows: (a) if by delivery by U.S. mail, seven (7) business days after dispatch, (b) if by nationally-recognized overnight courier, on the date receipt is confirmed by such courier service, or (c) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
We disclaim any responsibility or liability for copyrighted materials posted on the Website or through our Services. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below:
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to our designated copyright agent.
Notices of Alleged Infringement for Content Made Available on the Website
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
The Notice should be delivered to the following designated copyright agent:
Circle Graphics, Inc.
120 Ninth Avenue
Longmont, Colorado 80501
A poster of allegedly infringing material may make a counter notice pursuant to the DMCA. When we receive a counter notice, we may reinstate the material in question. To provide a counter notice to us, please provide the following information to our designated copyright agent.
The Counter Notice should be delivered to the following designated copyright agent:
120 Ninth Avenue
Longmont, Colorado 80501
You and Circle Graphics agree that any dispute, claim, or controversy arising out of or relating in any way to your use of the Website and Services, including , but not limited to, Products and Services order or purchased through the Website, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we hereby agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you are waiving the right to a trial by jury or to participate in a class action.
If this specific provision is found to be unenforceable, then (i) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect, and (ii) exclusive jurisdiction and venue for any claims will be in state or federal courts in Colorado. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and Circle Graphics.
These Terms will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Colorado without reference to conflict of law principles. These Terms are not assignable or transferable by you without the prior written consent of Circle Graphics. These Terms (including all of the policies and other Agreements described in these Terms, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Circle Graphics are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. In the event that any of these Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within this Website.