Conditions of Use
Please read this agreement carefully. It governs your use of the Printakid website (www.printakid.com) and the services and goods provided through the website (collectively the "website"). It exempts Printakid and other persons from liability or limits their liability and contains other important provisions that you should read.
Each time you use the website, you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement. If you do not agree with each provision of this agreement each time you use the website, you may not use the website. Each time you use the website, the text of this agreement as it then reads will govern your use. Accordingly, when you use the website you should check the date of this agreement and review any changes since the last version.
The agreement contains the following provisions:
- Your Acceptance of this agreement
- Changes to this Agreement
- Permitted Users and Access
- Misprints and Errors, Product availability, Prices and Orders
- Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
- Termination of this Agreement and the website
- Information submissions
- Ownership and Permitted Use of the website
- Personal Information Privacy
- Trade-mark information
- Other sites
- Framing of the website
- Postings and Unsolicited submissions
- Transaction Agreements
- Contests
- Governing Law and Dispute Resolution
- Other Matters
1. Your Acceptance of this Agreement
This is an agreement between you and Printakid. ("Printakid.com") and governs your use of the website and its content and the services and goods provided through the website. Each time you use the website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, "person" includes any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree and accept this Agreement, or you do not have the legal authority to agree and accept this Agreement, you may not use the website.
2. Changes to this Agreement
You may not change, supplement, or amend this Agreement in any manner. Printakid may, in its sole discretion, change, supplement, or amend this Agreement as it relates to your future use of the website from time to time, for any reason, and without any notice or liability to you or any other person by posting a revised Agreement on the website.
3. Permitted Users and Access
The website may be used only by persons who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. The website may not be used by persons in jurisdictions where access to or use of the website or any part of it may be illegal or prohibited. It is solely your responsibility to determine if your use of the website is lawful, and you must comply with all applicable laws.
4. Misprints and Errors, Product Availability, Prices and Orders
Printakid endeavours to provide current and accurate information on the website. Nevertheless, misprints or other errors may occur. Accordingly, Printakid.com reserves the right to change the prices, fees and charges regarding goods and services available through the website at any time and from time to time without any notice or liability to you or any other person. Also, Printakid.com cannot guarantee that goods or services advertised on the website will be available when ordered or thereafter. Printakid.com also reserves the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. If you order goods or services for which the price was incorrectly displayed, Printakid.com will provide you with an opportunity to place an order at the correct price. If you order any goods or services that are not available, Printakid.com, will notify you by e-mail. Printakid.com reserves the right to limit quantities licensed or sold.
The advertisements on the website are invitations for purchase orders, and not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order. Your order shall be deemed to be accepted only if and when Printakid.com sends an order acceptance to your e-mail address. The order acceptance e-mail constitutes Printakid.com acceptance of your order. If you wish to cancel an order, you may request a cancellation by sending an e-mail to Printakid.com. However, Printakid.com may not receive and process your cancellation request before it accepts and processes your order, in which case your cancellation request may not be effective.
5. Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
Printakid.com strives to make your use of the website a useful and enjoyable experience, and a safe and easy way to purchase goods over the Internet. Nevertheless, Printakid.com and its service providers (the "Providers") do not accept any liability for your use of the website. For that reason, the following provisions apply to your use of the website:
Disclaimer
Your use of the website is at your own risk
The website is provided on an "as is" and "as available" basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied warranties or merchantability, fitness for a hereby particular purpose, performance or durability, all of which are hereby disclaimed by Printakid.com and the providers to the fullest extent permitted by law.
You (and not Printakid.com or the providers) assume the entire cost of all necessary servicing, repair or correction to any computer or other equipment arising from, connected with, or relating to your use of the website.
The operation of the website may be affected by numerous factors beyond Printakid.com's control. The operation of the website may not be continuous or uninterrupted or secure. Security and privacy risks cannot be eliminated.
Printakid.com is under no obligation to verify the identity of users of the website.
Without limiting the generality of the foregoing, Printakid.com and its providers make no representation, warranty or condition that:
- The website will be compatible with your computer and related equipment and software;
- The website will be available or will function without interruption or will be free of errors or that any errors will be corrected;
- The website will satisfy your needs;
- The information available on or through the website will be accurate, complete, sequential or timely;
- Certain or any results may be obtained through the use of the website;
- The use of the website, including the browsing and downloading of any information, will be free of viruses, Trojan horses, worms or other destructive or disruptive components; or
- The use of the website will not infringe the rights (including intellectual property rights) of any person.
And Printakid.com and its providers disclaim any and all liability regarding such matters to the fullest extend permitted by law.
Liability Exclusion
Printakid.com and its providers will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the website by you or any other person, and regardless of any negligence or other fault or wrongdoing by Printakid.com or any provider or any person for whom Printakid.com or its providers are responsible, and notwithstanding that Printakid.com or its providers may have been advised of the possibility of such loss or damages being incurred by you or any other person.
Liability Limitation
In no event will Printakid.com or any of its providers' total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory or law or equity, and regardless of any negligence or other fault or wrongdoing by Printakid.com or any person for whom Printakid.com is responsible, exceed $25 (CDN) or the amount you paid to Printakid.com for the use of the website, whichever is less.
Release
You hereby release, remise and forever discharge each of Printakid.com and its providers and all of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and however arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the website.
Indemnity
You agree to indemnity, defend and hold harmless each of Printakid.com and its providers and all of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated or connected persons (collectively, "indemnified parties") from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with your use of the website or your breach of this agreement. You will assist and co-operate as fully as reasonably required by the indemnified parties in the defense of any such claim or demand.
Advice and information provided by Printakid.com or its representatives, whether oral or written, will not create any representation, warranty or condition or vary or amend this agreement, including the above disclaimer, liability exclusion, liability limitation, release and indemnity provision, and you may not rely upon such advice or information.
Exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you..
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement.
6. Termination of this agreement and the website
If you breach the provision of this Agreement, you may no longer use the website.
Printakid.com may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the website and your account, all without any notice or liability to you or any other person.
If this Agreement or your permission to use the website is terminated by you or Printakid.com for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the website and your purchases of goods and services through the website and anything connected with, relating to or arising from those matters.
7. Information submissions
All information you provide through the website, including registration information (name and e-mail address), payment information (credit card number and expiration dates), and transaction-related information, must be true, accurate, current and complete.
Printakid.com will rely on information you provide. You will be solely responsible and liable for any and all loss, damage, additional costs that you, Printakid.com or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within the thirty days of any change. Printakid.com may require a copy of a government issued form of identification before making any changes to your registration information.
8. Ownership and permitted use of the website
The website and all information (in text, graphical, video, and audio forms), images, icons, software, design, applications and other elements available on or through the website are property of Printakid.com, its providers and others, and are protected by Canadian and international copyright, trademark, and other laws. Your use of the website does not transfer to you any ownership or other rights in the website or its content. You may only use the website in the manner described specifically in this Agreement.
The website may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the website may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued or distributed in any way, in whole or in part, without the express prior written consent of Printakid.com. You may not use any of the software that is used in operation of the website except while you are using the website. You may not reproduce, copy, duplicate, sell or resell any part of the website (including the software used in the operation of the website) or access to the website.
The website is made available to you for your lawful use only. You may access and browse the website using commercially available, SSL-capable Web browser software. You may print or download pages of the website for you own personal use provided that you do not modify any of the Website pages or other content and do not remove or alter any visible or non visible identification, marks, notices, or disclaimers.
9. Personal Information Privacy
Printakid.com collects, use and discloses your personal information in accordance with the Privacy Policy. Printakid.com may change the Privacy Policy from time to time in its sole discretion. By accepting this Agreement, and each time you use the website, you consent to Printakid.com collection, use and disclosure of your personal information in accordance with the Privacy Policy as it then exists without any further notice or any liability to you or any other person.
10. Trademark Information
Printakid.com and the Printakid and Printakid.com logo are trademarks and deposited and non-desposited commercial names pertaining to Alphakid Inc. ( Canada ) and conceded under license at Alphakid .com. ( Canada )
It is strictly prohibited to use the commercial name, trademarks and marque de service and logos (collectively, "trademarks") posted on the website, except in the manner which is explicitly stated in the present agreement. No mention appearing on the website or elsewhere can be interpreted in order to grant, by implication, reclusion or differently, a licence or a right of use of the marks posted on the website.
11. Other sites
The website may include advertisements for, and links to, other websites or resources and businesses operated by other persons (“Other Sites”). Other sites are independent from Printakid.com, and Printakid.com has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. Printakid.com does not sponsor or endorse any Other Sites or their content or the goods or services available through those other websites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against Printakid.com arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and Printakid.com, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply with all necessary modifications, to your access to and use of any Other Sites and their business, goods and services and content.
12. Framing of the website
The framing of the website or any of its content in any form and by any method is strictly prohibited.
13. Postings and unsolicited submissions
You may not use technologies such as Gooey or ThirdVoice in connection with your use of the website or to post comments, communications, or any other data of any kind to or on the website with the intention that such postings may be viewed by other users of the website.
Printakid.com does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. The purpose of the policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions, or other materials ("Submissions") to Printakid.com or the website.
If you send Submissions to Printakid.com or the website, you automatically grant (or warrant that the owner of the Submissions grants) to Printakid.com the perpetual, royalty-free, irrevocable, unrestricted, non exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Printakid.com or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favor of Printakid.com and its assigns.
14. Transaction Agreements
All transactions through the website, including the purchase and sale of goods and services and the licensing of software, are governed by this Agreement and any applicable Transaction Agreement. By using the website or by participating in a transaction through the website, you signify your agreement and acceptance of this Agreement and, if applicable, the Transaction Agreement.
15. Contests
From time to time, Printakid.com may make contests available to users of the website and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the website, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
16. Governing law and dispute resolution
The website is controlled by Printakid.com from Montreal, Quebec. This Agreement, your use of the website and all related matters are governed solely by the laws of Quebec and the applicable federal laws of Canada, excluding any rules of private international law or conflict of laws which would lead to the application of any other laws.
Any dispute between Printakid.com and you or any other person arising from, connected with or relating to the website, this Agreement or any related matters must be resolved before the Courts of Quebec, in the city of Montreal, Quebec, Canada, and you hereby irrevocably submit to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.
Any claim or cause of action you may have arising from, connected with, or relating to your use of the website, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the city of Montreal, Quebec, Canada within the six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statue or law to the contrary.
17. Other matters
If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The provisions of this Agreement will ensure to the benefit of and be binding upon each of Printakid.com and its providers and each of their respective successors and assigns and related persons, including without limitation Printakid, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Printakid.com, which may be withheld in Printakid sole discretion. Printakid.com may assign this Agreement and its rights and obligations under this agreement without your consent.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be waiver of any preceding or subsequent breach or default.
You and Printakid.com are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the website.
Any rights not expressly granted by this Agreement are reserved to Printakid.com.
This Agreement is subject to change without notice.
