Acceptance of Terms of Use
Please read these Terms of Use carefully. These Terms of Use govern your access and use of the JKPremierMarketing.com and portal.JKPremierClient.com websites and mobile sites (collectively, the “Site”) as well as the provision and sale of products and services by JK Premier Marketing, L.L.C. and/or its affiliates and/or fulfillment providers, as the context may require (“JK Premier Marketing”, “JK,” “we,” “us,” or “our”). By accessing or using this Site and its related software tools, applications or any other JK Premier Marketing service, you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. If your use of this Site on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these Terms of Use on its behalf and to bind such business, organization, or entity to these Terms of Use.
Every offer of a JK Premier Marketing product and/or service on our Site as well as every transaction, order, and agreement that is concluded through our Site is governed by our Terms. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if JK Premier Marketing has not specifically rejected them. JK Premier Marketing reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.
You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.JK Premier Marketing Rush Fees are subject to additional terms of use round here:
Rush Fee expedites the fulfillment of your order so it can be submitted sooner than the standard delivery time. For Rush Fee to be effective, your Rush Fee Change Order must be signed, submitted, and paid in full before 3:30 p.m. EST, Monday through Friday. If the above conditions are met and we fail to submit your order within the agreed-upon time, we will refund 10% of the Rush Fee.
Our standard order processing time is 5-15 business days.
Expedite your order processing to 3-8 business days for a 5% Rush Fee
Expedite your order processing to 1-3 business days for a 15% Rush Fee
Expedite your order process to 1-3 business days over a weekend or holiday for 30%
In all circumstances, JK is limited to the Rush Fee. While JK cannot guarantee same-day orders, JK will put forth its best effort to expedite orders the same business day if the above conditions are met. The following items and order types are not eligible for rush processing: Website Development, Course Development, Large Publication Design, or Orders that have over a 12+ hour estimated development time. Rush Fee Orders will be accepted on a per-project basis and is not guaranteed. The Client acknowledges that payment of a Rush Fee does not guarantee delivery of collateral or project as many other factors delay or retard a project depending on the quantity and complexity of your order. JK holds the right to reject or terminate a rush fee request or deposit.JK Premier Marketing Hosting Services are subject to additional terms of use found here:
JK Premier Marketing, L.L.C. Hosting Service Member Agreement
1. Acceptance of Terms
| This Member Agreement, together with all schedules and annexes attached hereto, is a legal agreement (“Agreement”) between you, the user, together with any company or other business entity you are representing, if any (collectively, the “Member”) and Cimpress plc and/or its affiliates, including but not limited to JK Premier Marketing, L.L.C. (“JK Premier Marketing”). This Agreement governs the access and use of all products and services relating to: (i) the Member-created websites (individually, a “Member Site” and collectively, “Member Sites” or “Member Site”), and (ii) email hosting services, for which Member subscribes from JK Premier Marketing, and (iii) the Social Media Marketing, and which are provided and administered by JK Premier Marketing and its agents, suppliers, licensors, and third party contractors (collectively, the “Hosting Service”). The general JK Premier Marketing Terms of Use, available at JKPremierMarketing.com, are incorporated by reference into and made a part of this Agreement, except to the limited extent that the general JK Premier Marketing Terms of Use are expressly modified below. IF MEMBER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, MEMBER CANNOT PURCHASE, USE OR OTHERWISE ACCESS THE HOSTING SERVICE OR ANY MEMBER SITES. The Hosting Service is offered to Member conditioned upon Member’s acceptance without modification of this Agreement. Member acknowledges that, from time to time, it may be necessary for JK Premier Marketing to update or revise certain provisions of the Agreement. By signing up for the Hosting Service and accepting this Agreement, Member agrees that JK Premier Marketing may change the terms of the Agreement in its sole discretion without specific notice to Member. If Member does not agree to the changes implemented by JK Premier Marketing, Member’s sole and exclusive remedy is to cancel Member’s subscription to the applicable Hosting Service (“Member’s Hosting Service Account”). Unless explicitly stated otherwise, any new features or products that change, augment, or enhance the current Hosting Service shall be subject to this Agreement. Member’s access to and use of the Hosting Service is further subject to the JK Premier Marketing Privacy Policy which is available on JK Premier Marketing’s website and is incorporated by reference herein. |
2. General Use of the Hosting Service
| Member shall not use the Hosting Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. Without limiting the generality of the foregoing, Member agrees that Member will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Website or product, transfer, or sell any information, content, artwork, graphics, software, lists of users, databases or other lists, products or services provided through or obtained from the Hosting Service other than for use as expressly permitted by this Agreement. This means, among other activities, that Member agrees not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information. Member agrees that Member will not use the Hosting Service in any manner that could damage, disable, overburden, or impair the Hosting Service or interfere with any other person’s use and enjoyment of the Hosting Service. Member may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Hosting Service. Except with the written permission of JK Premier Marketing, Member agrees that Member will not access or attempt to access password protected, secure or non-public areas of the Hosting Service. Without limiting any of JK Premier Marketing’s rights or remedies under this Agreement or available to JK Premier Marketing at law or in equity, if Member violates any of the above restrictions Member’s Hosting Service Account may be terminated and Member may be subject to prosecution. |
3. Charges and Billing
| JK Premier Marketing reserves the right to charge fees for the Hosting Service or any portion thereof and any applicable fees will be posted on the JK Premier Marketing website. If Member is required to pay a fee for all or any part of the Hosting Service for which Member has chosen to subscribe, Member hereby authorizes JK Premier Marketing to charge Member’s valid and current credit or debit card in advance for all applicable fees incurred by Member in connection with Member’s Hosting Service Account. Member’s Hosting Service Account will automatically renew at the end of each applicable subscription period, unless Member’s Hosting Service Account is terminated in advance of the end of the then-current subscription period. If there are any annual, monthly or similar periodic subscription fees associated with Member’s Hosting Service Account, these fees will be billed automatically to the Member’s designated valid and current credit or debit card at the start of each renewal period, unless Member terminates Member’s Hosting Service Account before the relevant period begins. If Member registered for the Hosting Service using a JK Premier Marketing promotional code or discount after the initial promotional period expires, Member’s subscription (base package and any purchased upgrades) will automatically be renewed and billing will continue at the then-current prices for the Hosting Service. Member further acknowledges that it is Member’s responsibility to notify JK Premier Marketing of any changes to Member’s credit card and to update Member’s credit card number if Member’s credit card has expired, or Member’s Hosting Service Account and access to the Hosting Service may be terminated or interrupted. All fees associated with Member’s Hosting Service Account shall be paid in the currency referenced on the JK Premier Marketing website at checkout. JK Premier Marketing reserves the right to change any fees (which includes but is not limited to, increasing prices on existing or new Hosting Services and charging a fee for upgrades and/or a Hosting Service for which JK Premier Marketing does not currently charge a fee) at any time and from time to time, provided, however, that JK Premier Marketing will provide Member with reasonable notice prior to making any fee changes to existing Hosting Services. If Member finds any change to the pricing of any Hosting Service to be unacceptable for Member’s continued use of the Hosting Service, Member is free to cancel such Hosting Service and terminate Member’s Hosting Service Account at any time, but JK Premier Marketing will not be obligated to refund any remaining portion of Member’s pre-paid fees when Member cancels such Hosting Service. Member agrees to pay Member’s Hosting Service Account balance when due. Member also agrees to pay any taxes, including sales, use, value-added or other similar taxes, resulting from Member’s use of the Hosting Service. Member is responsible and liable for any fees, including attorney and collection fees, that JK Premier Marketing may incur in its efforts to collect any remaining balances due from Member. This Section 3 shall in no way limit any other remedies available to JK Premier Marketing at law or in equity. Member also acknowledges and agrees that Member will be billed for and will pay any outstanding balances if Member’s Hosting Service Account is terminated due to Member’s breach of this Agreement. Member must notify Vistaprint of any billing problems or discrepancies within sixty (60) days after they first appear on Member’s credit card account statement. If Member does not notify JK Premier Marketing within sixty (60) days, Member waives any right to dispute such problems or discrepancies. |
4. JK Premier Marketing Support Services
| 4.1 General Support Services JK Premier Marketing offers certain phone support services at no additional charge. Phone support is limited to technical questions only. Non-technical questions including, but not limited to, questions relating to design, search engine optimization, marketing planning or similar services, shall not be included in the phone support services offered at no additional charge. Members may contact JK Premier Marketing Support by dialing 910-580-7432, Monday through Friday from 9:00 am -2:00 pm (Eastern Time). |
5. Member Registration/Privacy Policy
| In order for Member to participate in the Hosting Service, JK Premier Marketing will require Member to provide specific information about Member and (if applicable) Member’s business. Member agrees to provide true, accurate, and complete information and to refrain from impersonating or falsely representing Member’s affiliation with any person or entity. Member shall maintain with JK Premier Marketing a valid email address for Member at all times. Member shall be responsible for maintaining the confidentiality of Member’s Hosting Service Account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. Member shall be responsible for all actions by such users, including without limitation present and former employees, partners, agents and representatives, and shall indemnify JK Premier Marketing for such actions as set forth in Section 16. Any information supplied by Member upon registering for the Hosting Service and any other information supplied by Member about Member and/or Member’s business (collectively, “Member Data”) is subject to JK Premier Marketing’s Privacy Policy. Member should review the JK Premier Marketing Privacy Policy, a copy of which is available on the JK Premier Marketing website. JK Premier Marketing reserves the right to update or change the Privacy Policy from time to time in its sole discretion. In addition, Member Data may be subject to oversight and disclosure pursuant to rules and regulations relating to domain name registration, including without limitation rules and regulations imposed by ICANN (as defined below), the TPDNVs (as defined below), and the Registries (as defined below). |
6. Member Account Limitations
| Member hereby acknowledges that JK Premier Marketing may, from time to time, in its sole discretion, establish general practices and limits concerning the use of the Hosting Service and Member Site, including without limitation, (a) the maximum number of days that specific Hosting Service offerings, such as email messages, guest book entries, discussion board postings or other content posted on the Member’s Site (to the extent available and subscribed for) will be retained by JK Premier Marketing, (b) maximum limits on bandwidth usage that will be allotted to Member, (c) maximum limits on storage space, (d) the maximum number of Member Sites and/or email addresses per Member’s Hosting Service Account, (e) the maximum number of photographs or other data (if any) according to the type of Member’s Hosting Service Account, (f) maximum limits on the number of pages within each Member Site, and (g) maximum time limitations for the retention of Member Content following any trial periods or account cancellation. JK Premier Marketing further reserves the right to delete at any time, in its sole discretion and without prior notice, duplicate images uploaded for printing. Any of the foregoing limits will be consistent with the Hosting Service (including any upgrades) for which Member has registered. Member agrees that JK Premier Marketing has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Hosting Service, including without limitation any Member Content. Member further acknowledges and agrees that JK Premier Marketing reserves the right to change these general practices and limits at any time, in its sole discretion. If Member finds any such changes to be unacceptable for Member’s continued use of the Hosting Service, Member is free to cancel the Hosting Service and terminate Member’s Hosting Service Account at any time, but JK Premier Marketing will not be obligated to refund any remaining portion of Member’s pre-paid fees. |
7. Exchange of Information; Monitoring
| The Hosting Service enables Members to disseminate and exchange thoughts and opinions to and with other users or the public. JK Premier Marketing is under no obligation, but does reserve the right in its sole discretion, to monitor, pre-screen, filter, modify, refuse and remove any and all such thoughts, opinions, and other Member Content posted through the Hosting Service or stored in its servers without notice at any time. JK Premier Marketing is not responsible for the appropriateness, legality, integrity, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of any such Member Content. JK Premier Marketing also reserves the right to disclose any information or materials belonging to any person or entity as necessary to satisfy any applicable law, rule, regulation, legal process, governmental request, or contractual obligation binding upon Member. Member acknowledges that Member should always use caution when posting any personally identifying information about Member or Member’s employees on the Hosting Service, the Member Site, or any other user sites. |
8. Member Conduct
| Member’s right to use the Hosting Service is personal to Member and Member’s company and its employees (if applicable). Member, and not JK Premier Marketing, is entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials and content, as applicable, posted or linked to by Member or its affiliates, agents, employees, representatives, or customers via the Hosting Service, including, without limitation, any such information, data, text, software, music, sound, photographs, graphics, video, messages or other materials and content posted or linked to on any Member Site (including, without limitation, as part of a domain name selected or used by Member) (collectively, “Member Content”). Member, and not JK Premier Marketing, is responsible for compliance with all laws, regulations, and ordinances connected with all aspects of the creation, use, and maintenance of the Member Content, Hosting Service, and Member Sites by Member and its affiliates, employees, agents, representatives, and customers. Without limiting the generality of the foregoing, Member, and not Vistaprint, is responsible for compliance with all policies, rules, procedures, regulations, and other terms and requirements of the Internet Corporation for Assigned Names and Numbers (“ICANN”), the applicable registry governing the registration of the domain name associated with the Member Site (each, a “Registry”), and any applicable independent Third Party Domain Name Vendors (collectively, “TPDNVs”) responsible for the registration of the domain name associated with the Member Site. Member shall not use the Member Content, Hosting Service, or Member Sites for any illegal purpose in violation of any local, state, federal, or foreign law. Member must provide all required and appropriate warnings, information, and disclosures, comply with all applicable laws and regulations and take all other required and appropriate actions in connection with the creation, use, and maintenance of the Member Content, Hosting Service, and Member Sites by Member and its affiliates, employees, agents, representatives, and customers. If the Hosting Service or Member Sites do not provide adequate facility or features for Member to provide such information or take such actions, then Member shall not create, use or access the Member Content, Hosting Service or Member Sites or permit any other party to do so.With respect to any Member Content, Member Data, or End-User Data (as defined below) on the Hosting Service and Member Sites, Member agrees not to submit, post, upload, transmit or otherwise make available any Member Content, Member Data, End-User Data or other information that a. is misleading to others, including but not limited to consumers or other visitors to Member Sites; b. is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, harmful, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable;c. Member does not have a right to submit, post, upload transmit or otherwise make available under any law (including without limitation data privacy laws or export control restrictions) or under contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under nondisclosure agreements);d. infringes or violates any party’s patent, trademark, trade secret, copyright or other proprietary rights; e. contains software viruses or any other computer codes, worms, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment and/or that attempts to access the accounts of others, or attempts to penetrate security measures of JK Premier Marketing, its vendors or suppliers or other entities’ systems (“hacking”), whether or not the intrusion results in corruption or loss of data;f. imposes an unreasonable or disproportionately large load on Vistaprint’s infrastructure or that exceeds the limits provided by the Hosting Service for which Member registered;g. includes any unsolicited or unauthorized advertising, promotional materials, “spam,” “chain letters,” “pyramid schemes,” “junk mail”, or any other similar form of solicitation; or h. relates to prostitution, escort services, or sex trafficking, all whether legal or not.With respect to use of the Hosting Service and Member Sites, Member further agrees not to: a. interfere with, disrupt or harm in any way the Hosting Service or servers or networks connected to the Hosting Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Hosting Service; b. intentionally or unintentionally violate any applicable local, state, national or foreign laws, including, but not limited to, rules and regulations promulgated by the U.S. Securities Exchange Commission, U.S. Federal Trade Commission, U.S. Federal Communications Commission, U.S. Department of State, U.S. Department of Treasury, U.S. Department of Commerce, any rules and regulations of national or other securities exchanges, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any applicable regulations having the force of law; c. impersonate any person or entity or falsely state or otherwise misrepresent Member’s affiliation with any person or entity; intentionally omit, delete forge or misrepresent transmission information, including any headers, return mailing, and Internet protocol addresses; or otherwise manipulate any identifiers in order to disguise the origin of any Member Content transmitted through the Hosting Service; d. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;e. sell, distribute, disseminate or link to any sites for marketing, sales, or distribution of firearms, explosives, ammunition, tobacco products, and any other products or services that (i) Member cannot legally sell, (ii) are misrepresented, and/or (iii) if sold via a Member Site could cause JK Premier Marketing to violate any law, statute or regulation;f. post or disclose any personal or private information or images about children or any third party without their express written consent (or a parent’s express written consent in the case of a minor), or engage in any activities that would violate the personal privacy rights of others;g. intentionally or unintentionally violate any policies, rules, procedures, regulations, or other terms or requirements of ICANN, the Registry, or the applicable TPDNV responsible for the registration of the domain name associated with the Member Site; h. violate any third party contracts to which Member is subject as a result of its access to or use of the Hosting Service; or i. encourage, permit or enable any of its representatives, agents, employees, affiliates, customers or any other third party to do any of the foregoing. JK Premier Marketing may immediately terminate Member’s Hosting Service Account and access to and use of all or part of the Hosting Service in the event JK Premier Marketing reasonably concludes that Member is or may be in breach of any of the above-listed rules of member conduct. |
9. Third Party Content
| For Member’s convenience, the Hosting Service may contain products, services, content and information from third-party providers (such as advertisers and affiliates) and/or links to their Websites (“Third Party Content”). Such Third Party Content is not under the control of JK Premier Marketing and JK Premier Marketing is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. JK Premier Marketing is under no obligation but does reserve the right in its sole discretion to pre-screen Third Party Content available on the Hosting Service. JK Premier Marketing is not responsible for, disclaims all liability for and makes no representations or warranties for any Third Party Content provided by others. JK Premier Marketing is providing such Third Party Content to Member only as a convenience, and the inclusion of such content does not imply endorsement by JK Premier Marketing of such Third Party Content or the affiliate or advertiser. Member may be subject to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or sites and agrees to comply with any and all end-user obligations or terms and conditions imposed by the providers of such Third Party Content. JK Premier Marketing reserves the right to remove any Third Party Content that does not meet JK Premier Marketing’s standards, but JK Premier Marketing is not responsible for any failure or delay in removing such Third Party Content. JK Premier Marketing is not and will not be responsible for (i) the terms and conditions of any transaction between Member and any third party, (ii) any insufficiency of, suspension of or problems with any such third party’s service, background, insurance, credit or licensing, or (iii) the quality of any Third Party Content provided by any such third party or any other legal liability arising out of or related to any Third Party Content. In the event that Member has a dispute with any such third party, Member releases JK Premier Marketing (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. |
10. DISCLAIMER OF WARRANTIES
| MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) MEMBER’S USE OF THE HOSTING SERVICE, INCLUDING, WITHOUT LIMITATION, THE CREATION, USE AND MAINTENANCE OF THE MEMBER SITE, IS AT MEMBER’S SOLE RISK. JK Premier Marketing AND ITS SUPPLIERS PROVIDE THE HOSTING SERVICE, INCLUDING WITHOUT LIMITATION ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE HOSTING SERVICE AND THE MEMBER SITES “AS IS” AND “AS AVAILABLE,” AND WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (B) JK Premier Marketing AND ITS SUPPLIERS MAKE NO WARRANTY(i) THAT THE HOSTING SERVICE OR MEMBER SITES WILL MEET MEMBER’S REQUIREMENTS, (ii) THAT THE HOSTING SERVICE OR MEMBER SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY OR TRUTHFULNESS OF ANY INFORMATION, MATERIAL OR OTHER CONTENT OBTAINED THROUGH USE OF THE HOSTING SERVICE OR MEMBER SITES; OR (iv) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY MEMBER THROUGH THE HOSTING SERVICE WILL MEET MEMBER’S EXPECTATIONS; AND (C) ANY INFORMATION, MATERIAL OR OTHER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HOSTING SERVICE OR MEMBER SITES, IS DONE AT MEMBER’S OWN DISCRETION AND RISK, AND MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER’S OR THIRD PARTIES’ COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION, MATERIAL OR OTHER CONTENT. |
11. LIMITATION OF LIABILITY
| NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, IN NO EVENT SHALL JK Premier Marketing AND/OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF JK Premier Marketing OR ANY OF SUCH PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING OR ANY OTHER PROVISION IN THIS AGREEMENT, IN NO EVENT SHALL JK Premier Marketing AND/OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE IN ANY RESPECT ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE HOSTING SERVICE OR MEMBER SITES, (B) THE PROVISION OF OR FAILURE TO PROVIDE HOSTING SERVICES OR MEMBER SITES, (C) ANY MEMBER CONTENT OR OTHER INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR RELATED GRAPHICS OBTAINED OR PROVIDED THROUGH THE HOSTING SERVICE OR MEMBER SITES OR OTHERWISE ARISING OUT OF THE CREATION, USE OR MAINTENANCE OF THE HOSTING SERVICE OR MEMBER SITES, (D) STATEMENTS OR CONDUCT OF MEMBER OR ANY THIRD PARTY ON OR WITH RESPECT TO THE HOSTING SERVICE OR MEMBER SITES, OR (E) ANY DOMAIN NAME DISPUTES ARISING FROM OR RELATING TO A DOMAIN NAME SELECTED BY MEMBER FOR USE WITH THE MEMBER SITE. THE FOREGOING DISCLAIMER OF LIABILITY IS EFFECTIVE WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO MEMBER. IN NO EVENT SHALL JK Premier Marketing’s AGGREGATE LIABILITY TO MEMBER AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT MEMBER ACTUALLY PAYS TO VISTAPRINT UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER VISTAPRINT NOR ANY OF ITS AFFILIATES, LICENSORS, OR SUPPLIERS IS OR SHALL BE RESPONSIBLE FOR ANY MEMBER CONTENT OR OTHER MEMBER DATA RESIDING ON OR ARISING FROM THE HOSTING SERVICE, ANY MEMBER SITE, OR ANY HARDWARE OF VISTAPRINT OR ITS SUPPLIERS. IT IS MEMBER’S RESPONSIBILITY TO TAKE THE NECESSARY STEPS TO ENSURE THAT MEMBER’S PRIMARY MEANS OF BUSINESS IS MAINTAINED (IF APPLICABLE). |
12. Additional Representations and Warranties and additional Covenants
| Member represents, warrants, and covenants that (a) Member has the power and authority to enter into this Agreement; (b) Member is at least eighteen (18) years of age; and, (c) Member will only access and use the Hosting Service and Member Sites in accordance with this Agreement. Member further agrees that it is and will at all times be, in full compliance with all applicable laws, regulations, rules and ordinances regarding its business, the creation, use and maintenance of the Hosting Service and Member Sites, including without limitation applicable data protection laws and export control laws, and otherwise as related to this Agreement and Member’s performance hereunder. |
13. Proprietary Rights to Member Content
| JK Premier Marketing does not claim ownership of the Member Content that Member provides to JK Premier Marketing or through the Hosting Service and/or that Member places on the Member Site, and JK Premier Marketing acknowledges and agrees that subject to the terms and conditions of this Agreement, Member will retain any and all applicable copyright and other intellectual property rights in any Member Content. Notwithstanding the foregoing, Member hereby grants JK Premier Marketing a non-exclusive, worldwide, irrevocable, perpetual, unlimited, assignable, royalty-free, license to (i) copy, host, use, reproduce, modify, prepare derivative works of, improve, distribute, transmit, publish, remove, retain, add to, combine with the information provided by third parties, and publicly display the Member Content (a) on and through the Hosting Service and Member Sites for the purpose of creating, operating and maintaining the Hosting Service and Member Sites and (b) in JK Premier Marketing’s promotional and advertising materials for the limited purpose of promoting the Hosting Service, and (ii) sublicense to third parties such Member Content to the extent necessary for the creation, operation, and maintenance of, in part or in whole, the Hosting Service and Member Sites. Member also hereby grants JK Premier Marketing the perpetual and irrevocable right to delete any or all of the Member Content from JK Premier Marketing’s servers, the Hosting Service, and the Member Site, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to Member or any other person. Member agrees that even though Member retains certain copyright or other intellectual property rights in the Member Content, Member does not own the Member Hosting Service Account used to access the Hosting Service or Member Site, nor does Member own any data stored on JK Premier Marketing servers (including without limitation any data representing or embodying any or all of the Member Content). No compensation will be paid or due Member with respect to JK Premier Marketing’s or its sublicensee’s use of the materials as licensed in accordance with the foregoing terms. By submitting, posting, uploading, transmitting or otherwise making available any Member Content or by posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the Hosting Service or any Member Site, Member warrants and represents that Member owns or otherwise controls the rights necessary to do so and to grant JK Premier Marketing the license set forth above, and, pursuant to the terms set forth in Section 16, Member will defend, indemnify and hold harmless JK Premier Marketing and the other Indemnified Parties from any third party claim related to a breach of any of the foregoing representations and warranties. |
14. JK Premier Marketing Proprietary Rights/Software Licenses
| Member hereby agrees and acknowledges that the Hosting Service and Member Sites and any software used in connection with the Hosting Service and Member Sites (the “Software”) contain proprietary and confidential information of JK Premier Marketing and/or its licensors that is protected by applicable copyright, trade secrets, trademarks, and other intellectual property and other laws. No reproduction, distribution, or transmission of the proprietary materials of the Hosting Service or the Software is permitted without the express written consent of JK Premier Marketing. Member further agrees and acknowledges that content contained in sponsor advertisements or information presented to Member through the Hosting Service and advertisers is protected by applicable copyrights, trademarks, service marks, patents and other proprietary rights and laws. Any rights not expressly granted herein are reserved. On the condition that Member complies with all of its obligations under this Agreement, JK Premier Marketing grants Member a non-exclusive, revocable, non-transferable, limited license to use the Software for the purposes of utilizing the Hosting Services and operating and maintaining the Member Sites, in each case, solely to the extent provided for herein. Member may not sub-license or charge others to use or access the Software. The Software is owned by JK Premier Marketing and/or its licensors and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from, redistribution or retransmission of the Software is expressly prohibited and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization and source code are considered trade secrets of JK Premier Marketing and its licensors and are protected by trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. MEMBER MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER EXCEPT AS AND SOLELY TO THE EXTENT PERMITTED UNDER APPLICABLE LAW NOTWITHSTANDING THIS PROVISION. |
15. JK Premier Marketing Proprietary Rights in Provided Designs, Artwork and other Content
| As part of the Hosting Service, JK Premier Marketing may provide Member access to and use of graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and similar design and graphical content (referred to herein as “Design Content”). Such Design Content may be accessed and used by Member for the sole purpose of creating, operating and maintaining Member Sites through the Hosting Service. To the extent JK Premier Marketing provides Member access to and use of Design Content, JK Premier Marketing grants Member a non-exclusive, revocable, non-transferable, non-assignable, limited license to copy, use, reproduce, modify, and publish the Design Content for the sole purpose of creating, operating and maintaining the Member Sites through the Hosting Service during the term of the Member’s Hosting Service Account. Member acknowledges and agrees that JK Premier Marketing or its licensors own all legal right, title, and interest in and to such Design Content, including any intellectual property rights. All rights in such Design Content are reserved worldwide and JK Premier Marketing reserves all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Design Content. It is strictly prohibited for Member or any other third party to use, modify, retain, copy, distribute, transmit, publish, prepare derivative works of, or use any portion of the Design Content except as expressly allowed in this Agreement for the sole purpose of creating, operating and maintaining the Member Site through the Hosting Service during the term of the Member’s Hosting Service Account. Member, and not JK Premier Marketing, is entirely responsible for its use of Design Content on the Member Site and for its combination with any other information or Member Content. JK Premier Marketing is providing such Design Content to Member only as a convenience, and the inclusion of such content does not imply endorsement by JK Premier Marketing of such content. JK Premier Marketing reserves the right to add to, delete from, modify or remove completely any part of the Design Content at any time without prior notice, but Vistaprint is not responsible for any failure or delay in doing so. Without limiting the generality of the foregoing, upon any termination of Member’s Hosting Service Account and/or the Hosting Service, the foregoing license shall automatically terminate and Member must immediately cease all use of and access to the Design Content. |
16. Indemnification
| Member agrees to indemnify, defend and hold JK Premier Marketing and its suppliers, licensors, affiliates, partners, subsidiaries and employees (collectively, the “Indemnified Parties”) harmless from and against any and all claims and demands, losses, liability, costs and expenses (including, but not limited to, reasonable attorneys’ fees) (collectively, “Liabilities”), incurred by an Indemnified Party arising out of or related to (i) Member’s breach of this Agreement including without limitation Member’s breach of any of its representations and warranties or covenants herein; (ii) the creation, use, or maintenance of Member Sites, including, without limitation, any allegation that any Member Content or other information or content not provided by JK Premier Marketing and contained on Member Sites (including, without limitation, any such Member Content contained in a domain name selected by Member for use with the Member Site) infringes a third person’s copyright, trademark or other proprietary or intellectual property right, or misappropriates a third person’s trade secrets or is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, harmful, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable; (iii) any dispute or litigation between an Indemnified Party and a third party or any other third party claim caused by, arising from or relating to Member’s actions or omissions in relation to this Agreement, any Member Content, the Hosting Service or the Member Sites, including, without limitation, any domain name disputes involving the domain name selected by Member for use with the Member Site; (iv) Member’s negligence or intentional misconduct; or (v) Member’s business dealings with any of its customers, including, without limitation the provision of any products or services to such customers. These obligations will survive any termination of Member’s Hosting Service Account or Member’s use of the Hosting Service and Member Sites. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of JK Premier Marketing and/or its suppliers, licensors, affiliates, partners, subsidiaries and employees. |
17. JK Premier Marketing Proprietary Trademarks/ Notices
| JK Premier Marketing, JKPremierMarketing.com, the JK Premier Marketing logo, JK Premier Marketing Site Builder, and other JK Premier Marketing owned or licensed logos and product and service names used in connection with the Hosting Service and Member Sites, are trademarks of JK Premier Marketing or its licensors (the “Hosting Service Marks”). Member agrees not to display or use the Hosting Service Marks in any manner whatsoever without JK Premier Marketing’s prior written consent. From time to time JK Premier Marketing may in it sole discretion offer a limited license to Member to display JK Premier Marketing award logos or other symbols of merit on Member Sites after JK Premier Marketing in its sole discretion confers such distinctions to applicable Members. However, JK Premier Marketing reserves the right to withdraw such logos or symbols and delete them in its sole discretion for any reason. |
18. Modification/Availability of the Hosting Service
| JK Premier Marketing reserves the right, in its sole discretion, at any time and from time to time, to modify, replace, remove, suspend or discontinue the Hosting Service, temporarily or permanently, (or any part or feature thereof), including the imposition of limits on certain features and services or restriction of access to parts or all of the Hosting Service, with or without notice. JK Premier Marketing also reserves the right, in its sole discretion, at any time, to cancel, suspend, disable or refuse access to the Hosting Service, Member Sites or Member Content of any Member or any third party, with or without prior notice. In addition, Member understands and acknowledges that features and components of the Hosting Service and Member Sites may be suspended, limited, and/or terminated due to actions taken by third party suppliers, licensors, and regulators, such as TPDNVs. Member agrees that JK Premier Marketing shall not be liable to Member or to any third party for any modification, suspension or discontinuance of the Hosting Service, or for any cancellation, suspension, disabling or refusal of access to the Hosting Service, Member Sites or Member Content of any Member or any third party. If Member does not agree to any such modifications, Member’s sole and exclusive remedy is to cancel Member’s Hosting Service Account. While JK Premier Marketing endeavors to ensure that the Hosting Service is available at all times, JK Premier Marketing shall not be liable if, for any reason, the Hosting Service is unavailable at any time or for any period. Member acknowledges and agrees that if JK Premier Marketing disables Member’s access to the Hosting Service, Member will not be able to access Member’s Hosting Account details, Member Data, or Member Content. |
19. Termination/Cancellation of Member’s Hosting Service Account
| Either Member or JK Premier Marketing may terminate or cancel Member’s Hosting Account and/or Member’s use of and access to all or part of the Hosting Service and Member Sites at any time, as follows: a. Termination by Member. A member may cancel the Member’s Hosting Service Account or any part of the Hosting Service at any time. To cancel, Member must call 910-580-7432 from the U.S. or Canada. Member will receive a cancellation confirmation via email after JK Premier Marketing processes Member’s cancellation request. Upon confirmation of such cancellation, Member will forfeit all credits, pre-paid fees, and any other amounts accruing to Member, if any, and JK Premier Marketing shall not be required to refund, redeem, or pay any such or other amounts to Member. JK Premier Marketing also reserves the right to collect fees incurred before Member cancels Member’s Hosting Service Account in addition to any applicable cancellation fee(s). Member must provide JK Premier Marketing with the following information in order for JK Premier Marketing to process the cancellation: The exact name of the Hosting Service that Member would like to cancel; Member’s email address; Member’s billing information, including the credit card number that the member used when purchasing the Hosting Service; and members reason for canceling the Hosting Service. b. Termination by JK Premier Marketing. JK Premier Marketing, in its sole discretion, may terminate Member’s Hosting Service Account and Member’s use of and access to the Hosting Service and Member Sites, including without limitation any related domain names, at any time and for any reason, including, without limitation, (i) if Member breaches this Agreement, including, without limitation, due to (X) failure of Member to make any required payments to JK Premier Marketing when due, or (Y) failure of Member to comply with the member conduct rules set forth in this Agreement, including without limitation Sections 8 and 12 above; (ii) if JK Premier Marketing is unable to verify or authenticate any information that Member provides to JK Premier Marketing; (iii) JK Premier Marketing concludes in its sole discretion that Member’s use of or access to the Hosting Service or Member Sites may result in liability to JK Premier Marketing or its suppliers or licensors, or (iv) upon the bankruptcy or insolvency of Member. If JK Premier Marketing terminates Member’s Account pursuant to (i), (ii), (iii) or (iv) above, Member will forfeit all credits, pre-paid fees, and any other amounts accruing to Member, if any, and JK Premier Marketing shall not be required to refund, redeem, or pay any such or other amounts to Member. c. Effect of Termination. Upon cancellation or other termination of Member’s Hosting Account for any reason, JK Premier Marketing shall (a) collect all fees, commitments, and obligations incurred or accrued by Member; (b) delete any Member Content, Member Data, listings, messages or other information in connection with Member’s Hosting Account and Member’s use of or access to the Hosting Service and Member Site; and (c) prohibit Member’s access to and use of Member’s Hosting Service Account, the Hosting Service and the Member Sites, including without limitation by deactivating Member’s password. In no event shall JK Premier Marketing be required to return any Member Content to Member upon any such termination. JK Premier Marketing is not responsible for any damages to or losses incurred by Member or any third party in the event Member chooses to cancel the Member Account and JK Premier Marketing takes any of the above actions. Member understands and agrees that Member’s cancellation of Member’s Hosting Service Account is Member’s sole right and remedy with respect to any dispute with JK Premier Marketing. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or JK Premier Marketing’s enforcement or application of any such term; (2) any policy or practice of JK Premier Marketing or JK Premier Marketing’s enforcement or application of these policies; (3) any content available through the Hosting Service or any change in content provided through the Hosting Service; (4) Member’s ability to access or use the Hosting Service or Member Sites; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods or change to the fees, applicable taxes, surcharges or billing methods, if any. |
20. Export Controls
| Customer, not JK Premier Marketing, will be responsible for complying with all applicable United States laws, rules and regulations relating to export compliance. Without limiting the generality of the foregoing, Member shall ensure that all Member Content, Member Data and End-User Data is not subject to U.S. export controls, or, to the extent any such content or data is subject to export controls, Member will so notify JK Premier Marketing immediately and Member will implement all necessary security and access measures required to comply with all applicable U.S. laws, rules and regulations. Member further represents and warrants that it is not itself subject to export restrictions imposed by any such laws, rules and regulations. |
21. Data Privacy and Security
| JK Premier Marketing utilizes reasonable physical, electronic and procedural safeguards to help JK Premier Marketing protect against the loss, misuse, disclosure, and alteration of any Member Data that JK Premier Marketing receives from Member and any personal data JK Premier Marketing receives from Member about Member’s end-users or customers (“End-User Data”). With respect to certain services provided pursuant to this Agreement as part of the Hosting Service, JK Premier Marketing may act as Member’s data processor with respect to such End-User Data, in which case JK Premier Marketing processes such End-User Data only in accordance with Member’s instructions. Member is responsible for complying with all consumer protection and data privacy laws with respect to such End-User Data, and will indemnify, defend, and hold harmless JK Premier Marketing and each other Indemnified Party from and against any and all Liabilities incurred by an Indemnified Party arising out of or related to Member’s failure to so comply. |
22. Notice
| Statements, notices and other communications to Member may be made by mail, email, postings within the Hosting Service or JK Premier Marketing’s website, or other reasonable means. Member shall be solely responsible for updating the account’s registered email and postal address. JK Premier Marketing shall not be responsible for any undelivered notices caused by Member’s failure to update the account information. Without limiting the generality of the foregoing, JK Premier Marketing may provide notices of changes to this Agreement and the Hosting Service by displaying notices or links to notices generally on the JK Premier Marketing website. Member should refer to JK Premier Marketing’s website for information on how to contact and/or provide notice to JK Premier Marketing. |
23. General
| If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. JK Premier Marketing’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Member shall not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval of JK Premier Marketing, and any such attempted assignment shall be void. JK Premier Marketing shall have the right to freely assign all or part of this Agreement, and its rights and obligations hereunder, to any third party without requiring the consent of or notice to Member. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. This Agreement sets forth the entire understanding and agreement between JK Premier Marketing and Member with respect to the subject matter hereof. The section and subsection titles in the Agreement are for convenience only and have no legal or contractual effect. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures. |
24. Information for California Residents
| Under California Civil Code Section 1789.3, California Members are entitled to the following specific consumer rights information: a. Pricing Information – Current rates for using the Hosting Service may be obtained by going to Member’s “Client Portal” page on the JK Premier Marketing Client Portal website. JK Premier Marketing reserves the right to change any fees, surcharges, and/or monthly Member fees or to institute new fees at any time. b. Complaints – The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254. |
25. Independent Review
| MEMBER ACKNOWLEDGES THAT MEMBER HAS READ THIS AGREEMENT AND ALL RELATED POLICIES REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT MEMBER AGREES TO ALL ITS TERMS AND CONDITIONS. MEMBER HAS INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. |
26. Internet Domain Names
| a. JK Premier Marketing owns the primary domain names listed on Schedule 1 attached hereto, as such Schedule may be updated by JK Premier Marketing from time to time in its sole discretion (the “Primary Domains”). Customer does not have any ownership interest or rights of any kind to any of the Primary Domains. If Customer subscribes for the Starter Hosting Service, JK Premier Marketing will register, through one or more third party vendors, subdomain name(s) under the applicable Primary Domain for use with the Member Site—-e.g., “[Name of Member Business].vpweb.com” (collectively, “Standard Subdomains”). JK Premier Marketing will own and control all Standard Subdomains. Customer will not have any ownership interest in any Standard Subdomain but will have a limited, revocable, nonexclusive, non-transferable, non-assignable license to use such Standard Subdomain solely during the term of Member’s Hosting Service Account in connection with the operation of its Member Sites through the Hosting Service. b. Member may request JK Premier Marketing to acquire, if available, the customized top-level domain name(s) for use in connection with the Member Sites as part of an upgraded Hosting Service (collectively, the “Member Domain Name”). Subject to clause (c) of this Section 26, JK Premier Marketing will use its reasonable commercial efforts to register the Member Domain Name if available, and, if successful in registering the Member Domain Name, will serve as a registrant with respect to such Member Domain Name and will own and control the Member Domain Name (“Registrant”). Customer will not have any ownership interest in any such Member Domain Name, but will have a limited, revocable, nonexclusive, non-transferable, non-assignable, license to use such Member Domain Name solely during the term of the Member’s Hosting Service Account in connection with the operation of its Member Sites through the Hosting Service. Without limiting the generality of the foregoing, upon any termination of Member’s Website Account, Member will have no further access to or use of the Member Domain Name. By requesting that JK Premier Marketing register a Member Domain Name for the Member Site through the Hosting Service, Member hereby represents and warrants to JK Premier Marketing that (a) all information Member provides to JK Premier Marketing for purposes of registering the Member Domain Name and serving as Registrant, therefore, is complete and accurate; (b) the registration of the Member Domain Name will not infringe upon or otherwise violate the rights of any third party; (c) Member is not seeking to have the Member Domain Name registered for an unlawful purpose; and (d) Member will not knowingly use the Member Domain Name in violation of any applicable laws or regulations. It is the Member’s sole responsibility to determine whether the Member Domain Name registration infringes or violates someone else’s rights.Vistaprint may in its sole discretion use one or more TPDNVs who are ICANN accredited registrars, to provide domain name registration services in connection with the Member Domain Names. In cases where Vistaprint serves as the Registrant for the Member Domain Name, JK Premier Marketing will have entered into the TPDNV’s terms of service with respect to such registration, which the TPDNVs may modify from time to time under certain circumstances (the “TPDNV Registration Agreement”). A copy of the current form of TPDNV Registration Agreement for the Hosting Service is attached hereto as Annex A and incorporated by reference herein. Member agrees and understands that Member is required to comply with all of the obligations imposed upon JK Premier Marketing as a party to the TPDNV Registration Agreement with respect to the creation, operation, and maintenance of the Hosting Service and Member Site to the same extent as if Member were directly a party thereto, and the TPDNVs, ICANN and the Registry may have certain rights under the TPDNV Registration Agreement and related policies, rules and regulations that can be enforced against or in relation to Member. Member will remain liable to JK Premier Marketing, the TPDNV, ICANN and the Registry to the extent of any violation of any of the terms and conditions of the TPDNV Registration Agreement or any related policies, rules, procedures, and regulations to the extent caused by or resulting from the actions or omissions of Member or any of its affiliates, agents, employees, representatives, or customers. Accordingly, without limiting any other remedies available to JK Premier Marketing under this Agreement or at law or in equity, Member agrees to indemnify, defend and hold the Indemnified Parties harmless from and against any and all Liabilities incurred by them arising out of or related to any such actions or omissions. c. Under certain circumstances, Vistaprint may in its sole discretion elect to offer to certain Members the opportunity to own and control their Member Domain Names and to serve as Registrant in connection with such Member Domain Names. In all such cases, Member must enter into the TPDNV’s then-current TPDNV Registration Agreement directly with the TPDNV prior to such registration. Without limiting the generality of the foregoing or any of the terms and conditions set forth in the TPDNV Registration Agreement, as set forth in the TPDNV Registration Agreement, in such cases Member must also agree to the terms and conditions of the ICANN Uniform Domain Name Dispute Resolution Policy as then in effect, a copy of the current version of which is attached hereto as Annex B and incorporated by reference herein, which may be modified by ICANN at any time in its sole discretion. Member understands that Member is creating a separate contractual relationship between Member and each of the TPDNV and ICANN with respect to the Member Domain Name by agreeing to the TPDNV Registration Agreement and ICANN Uniform Domain Name Dispute Resolution Policy, as applicable, and that Member, and not JK Premier Marketing, is responsible for all liability and obligations in connection with those contracts. If, after registering one or more Member Domain Names as Registrant, Member chooses to delete a previously registered Member Domain Name and subsequently register one or more additional different Member Domain Names, Member will be charged the resulting domain name registration fees. In cases where Member serves as Registrant of the Member Domain Names, Member will be listed as the Registrant and administrative contact in connection with Member’s Member Domain Name; however, JK Premier Marketing may in its sole discretion temporarily list itself as the Registrant and administrative contact in the event that it changes to a different TPDNV until the TPDNV change is completed. In such cases, Member hereby authorizes JK Premier Marketing to list itself as the billing contact, technical contact and name servers in connection with Member’s Member Domain Name and to take any actions JK Premier Marketing deems appropriate in those capacities. However, upon the termination of the Member’s Hosting Service Account, JK Premier Marketing will immediately cease acting in those capacities. After such time, JK Premier Marketing will not be responsible to forward any notices, emails or other correspondence to Member or to take any other actions in connection with Member’s Member Domain Name. Additionally, in the event that Member’s Hosting Service Account is suspended or terminated by JK Premier Marketing for lack of payment or any other reason or is canceled by Member, JK Premier Marketing shall not renew any domain names that may become due for renewal during the suspension of the account or the following termination. Member will be solely responsible for all ongoing fees, as well as removing JK Premier Marketing as the billing, technical contact and name servers in connection with such Registrant-owned Member Domain Names. d. Without limiting any other remedies available to JK Premier Marketing under this Agreement or at law or in equity, Vistaprint, in its sole discretion, reserves the right at any time to deny, cancel, suspend, transfer or modify any domain name registration (i) to correct a mistake, (ii) if JK Premier Marketing is notified or discovers that a complaint has been filed with a judicial or administrative body or other third parties, including without limitation ICANN, the Registry or the TPDNV, challenging the registration, reservation or use of Member’s domain name, (iii) to protect the integrity and stability of JK Premier Marketing, (iv) to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or dispute resolution process, (v) to avoid any liability, civil or criminal, or (vi) if the TPDNV, ICANN or the Registry denies, cancels, suspends or transfers the domain name in accordance with such entities’ agreements or policies then in effect. Member agrees and understands that JK Premier Marketing shall have no liability to Member or any other person or entity for any damages, costs, expenses or other losses that may arise from any refusal to register, cancellation, suspension, transfer or modification of Member’s domain name registration in accordance with the foregoing sentence or otherwise. e. Member agrees and acknowledges that JK Premier Marketing will make domain name registration information Member provides available to ICANN, to TPDNVs’, to the Registry administrators, law enforcement agencies, and to other third parties as necessary to fulfill its obligations under this Agreement and comply with applicable laws, rules, regulations, and policies of such third parties. Member further agrees and acknowledges that Vistaprint may make publicly available, or directly available to third-party vendors, some or all, of the domain name registration information Member provides, for purposes of inspection (such as through a Whois service) or other purposes as required or permitted by ICANN and applicable laws. Member hereby consents to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, the information provided by Member in connection with the registration of a domain name (including any updates to such information), whether during or after the term of the registration of the domain name. Member hereby irrevocably waives any and all claims and causes of action Member may have arising from such disclosure or use of Member’s domain name registration information by JK Premier Marketing or any third party. |
27. Email
| To the extent JK Premier Marketing in its sole discretion makes available to Members through the Hosting Service email services provided by one or more independent Third Party Email Services Vendor (each, a “TPESV”), JK Premier Marketing will not be responsible for the actions or inaction of the then current TPESV or the unavailability or malfunction of its network or services. JK Premier Marketing may change a TPESV, if any, at any time and from time to time in its sole discretion. JK Premier Marketing is not a party to, and shall not be involved in or responsible for, any transactions, agreements, and/or disputes between Member and the TPESV (“TPESV Dispute”). In the event of a TPESV Dispute, Member hereby releases JK Premier Marketing (and its officers, directors, agents, affiliates, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. By using email services, if any, Member further agrees to the terms and conditions contained in JK Premier Marketing’s then-current Email Services Policy, a copy of which will be attached to this Agreement and incorporated by reference herein. |
28. MappingService
| In JK Premier Marketing’s sole discretion, Member Sites created through the Hosting Service may include mapping functionality (“Mapping Service”) provided by one or more third-party mapping engine companies (each, a “TPMEC”) selected by JK Premier Marketing. The inclusion of the Mapping Service as part of the Hosting Service and use of the Mapping Service on a Member Site by Member and visitors to the Member Site is subject in all cases to the prior agreement by Member and all visitors to the Member Site to the TPMEC’s terms of use with respect to such Mapping Service as in effect from time to time, which terms of use may be amended by the TPMEC at any time and from time to time in its sole discretion. The current form of such terms of use are attached to this Agreement as Annex C and incorporated by reference herein. By using the Mapping Service, Member agrees to comply with all such terms of use. Without limiting the generality of the foregoing, Member agrees and understands that the maps provided through use of the Mapping Service are informational only, and Member and visitors to the Member Sites assume all risk of use. JK Premier Marketing, TPMEC, and their suppliers make no representations or warranties about content, road conditions, or route usability. |
Primary Domains
| JKPremierMarketing.com JKPremierClient.com TheProfitCulture.com ProfitCultureCoaching.com JamieKight.com |
JK Premier MarketingSocial Media Marketing is subject to additional termsof use found here:
These Terms of Use establish the terms under which JK Premier Marketing grants you access to the Social Media Marketing product. The general Vistaprint Terms of Use are incorporated by reference into and made a part of these Social Media Marketing Terms of Use. By requesting a Social Media Marketing product from JK Premier Marketing, you agree to be bound by these Terms of Use.
The Social Media Marketing product has been developed to facilitate the promotion of your business and/or interests on Facebook using Facebook ad inventory and consistent with Facebook’s guidelines in place at the time.
To complete the process of creating and customizing your Facebook page and then advertising on Facebook, you may be required to accept additional terms and conditions from Facebook, including the following:
Facebook’s guidelines are subject to change and there may be a period where the Social Media Marketing product may need to be updated or redeveloped to accommodate this change, if at all. In no case will JK Premier Marketing be liable to you for loss of business or profits; incidental or consequential damages; or costs in excess of billing for services related to your purchase of the Social Media Marketing product, whether as a result of errors, mistakes or failure by JK Premier Marketing to perform services, or otherwise. JK Premier Marketing reserves the right, in JK Premier Marketing’s sole discretion, to refuse to accept any particular use of the Social Media Marketing product or to terminate any particular use of the Social Media Marketing product prior to completion at any time and for any reason. You agree that JK Premier Marketing shall have no liability of any kind to you or to any third party arising from such refusal or termination.
JK Premier Marketing reserves the right to make changes to these Terms of Use and to the services offered by JK Premier Marketing to the Social Media Marketing product without prior notice.JK Premier Marketing Email Marketing and Mobile Text/SMS Marketing is subject to additional terms of use found here:
| This Email Services Agreement and Mobile Text/SMS Marketing Agreement (“Agreement”) is a binding and enforceable legal agreement between You the user, together with any company or other business entity You are representing, if any, and Cimpress plc and/or its affiliates, including but not limited to JK Premier Marketing, L.L.C. (“JK Premier Marketing”). “Services” means, collectively, the provision of electronic access to and use of email marketing software (“Software”) and related services over a computer network, and related technical support services. “You” or “Your” refers to the person, entity, or organization which is using software provided by JK Premier Marketing, and any successor or assignee of same. You represent and warrant that You are authorized to enter into this Agreement. The general JK Premier Marketing Terms of Use, available at JKPremierMarketing.com, are incorporated by reference into and made a part of this Agreement, except to the limited extent that the general JK Premier Marketing Terms of Use are expressly modified below. Your access to and use of the Services is further subject to the JK Premier Marketing Privacy Policy which is available on JK Premier Marketing’s website and is incorporated by reference herein. YOU UNDERSTAND THAT BY AGREEING TO THIS AGREEMENT AND/OR BY USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT THAT BINDS YOU IN THE SAME WAY THAT A PAPER CONTRACT BINDS YOU. THIS AGREEMENT LIMITS JK Premier Marketing LIABILITY AND OBLIGATIONS TO YOU TO THE TERMS SET FORTH HEREIN AND PERMITS JK Premier Marketing TO CHANGE, SUSPEND, OR TERMINATE YOUR ACCESS TO AND USE OF THE SERVICES. YOU MUST ACCEPT, WITHOUT MODIFICATION, ALL OF THE TERMS, CONDITIONS, POLICIES AND INSTRUCTIONS REFERENCED IN THIS AGREEMENT IN ORDER TO ACCESS AND USE THE SERVICES. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICES. |
1. USE
| You may use the Services only in and for Your own internal purposes and business operations. You may not use the Services as a service for any third party unless you are a part of JK Premier Marketing’s authorized reseller program and JK Premier Marketing has expressly authorized you to do so. No license or right to use, reproduce, translate, rearrange, modify, enhance, display, sell, lease, sublicense or otherwise distribute, transfer or dispose of the Services accessed by You hereunder, in whole or in part, is granted except as expressly provided by this Agreement. Neither You nor any of Your affiliates shall reverse engineer, decompile or disassemble the Software. Nothing in this Agreement will entitle You or any of Your affiliates to access or use the source code of the Software. |
2. CONFIDENTIALITY
| You acknowledge that the Services and any other information provided to You by JK Premier Marketing incorporate confidential and proprietary information developed by, acquired by, or licensed to JK Premier Marketing (“Confidential Information”). You will take (and will cause Your affiliates to take) all reasonable precautions necessary to safeguard the confidentiality of the Confidential Information. Neither You nor any of Your affiliates will make any unauthorized use of the Confidential Information or disclose, in whole or in part, any part of the Confidential Information to any individual or entity, except to those of Your employees or consultants who require access for Your authorized use of the Confidential Information and agree to comply with the use and nondisclosure restrictions applicable to the Confidential Information under this Agreement. You acknowledge that any unauthorized use or disclosure by You or any of Your affiliates of the Confidential Information may cause irreparable damage to JK Premier Marketing. If JK Premier Marketing becomes aware of Your breach or threatened breach of this Section 2, JK Premier Marketing may suspend any and all rights granted to You under this Agreement and shall be entitled to injunctive relief, without the need of posting a bond, in addition to all legal or equitable relief that may be available to JK Premier Marketing. |
3. INDEMNIFICATION
| You shall indemnify and hold JK Premier Marketing and its affiliates, and its and their officers, directors, employees, agents, licensors, and service providers (collectively, the “Indemnified Parties”) harmless from and against any claims, losses, damages, liabilities, costs or expenses of any nature (including reasonable attorney’s fees) suffered or incurred by any of them (“Liabilities”) to the extent that such are caused by or arise in connection with (i) a breach of any of Your obligations in this Agreement, (ii) any breach of Your representations and/or warranties contained in this Agreement, (iii) JK Premier Marketing’s use, in connection with the performance of the Services hereunder, of any email addresses, Your end user information, or other information that JK Premier Marketing obtains from You or any of Your affiliates for purposes of providing such Services, (iv) any content provided by You or any of Your affiliates, or (v) any emails, newsletters, or other materials sent out by You or any of Your affiliates using the Services. These obligations will survive any termination of Services, Your account, and this Agreement hereunder. |
4. YOUR REPRESENTATIONS AND WARRANTIES
| You represent and warrant to JK Premier Marketing that: No information or content delivered by You or any of Your affiliates to JK Premier Marketing in support of this Agreement will infringe on any copyright, trademark, patent, trade secret, or other proprietary right held by any third party. You will not use the Services in a manner that violates any law or regulation. Neither You nor any of Your affiliates will use the Services for purposes of, or transmit via the Services, (i) any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive or otherwise objectionable information, images, or other content of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; (ii) any chain letters, pyramid schemes or other deceptive, misleading, and/or fraudulent content; (iii) any unsolicited commercial or non-commercial communication; (iv) any emails with deceptive, misleading or false subject lines or header information that makes it difficult to identify the initiator of the email; (v) any information containing a virus, Trojan horse, worm, or other harmful component; (vi) or any materials that would be deemed Prohibited Content under Section 5(f) of this Agreement. Each list of email addresses provided to JK Premier Marketing by You or any of Your affiliates consists solely of intended recipients who (i) can or will be categorized as an “opt-in” recipient by his, her or its agreement with You to receive such information via email, and (ii) has not or will not have notified You or any of Your affiliates of his, her or its desire not to receive email (i.e., no such person has “opted out” of the receipt of email with respect to You or Your products or services or any of Your affiliates or their products or services) (“Permission Based Lists”). |
5. EMAIL, PERMISSION PRACTICES, IMAGE HOSTING & PROHIBITED CONTENT.
| Subscriber Opt Out.Every email message transmitted by the Services must contain an “unsubscribe” link that allows subscribers to remove themselves from Your mailing list and a link to the then current JK Premier Marketing Privacy Policy. You acknowledge and agree that You will not remove, disable or attempt to remove or disable either link. You shall monitor and process unsubscribe requests received by You directly within 10 days of submission, and update the email addresses to which messages are sent through Your JK Premier Marketing account. Under the CAN-SPAM Act of 2003, You acknowledge that You are responsible for maintaining and honoring the list of unsubscribe requests following termination of Your account and this Agreement. Permission Practices. You agree to import, access, or otherwise use only Permission Based Lists in connection with Your use of the Services. You hereby covenant and agree that You shall not use any other lists in connection with Your use of the Services. If You have used any feature of the Services that allows You to request a recipient to confirm that You have his or her permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, You agree that You shall not send emails to that recipient. Without limiting the foregoing, You agree that You shall not utilize the Services to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from You or another sender on whose behalf You may be acting. You cannot mail to distribution lists, newsgroups, or spam or unsolicited email addresses. You cannot copy a JK Premier Marketing template or any other features or functionality from the Services and use them for any purpose other than sending email messages from the Services. Emails that You send through the Services may generate spam complaints from recipients. As a matter of privacy, JK Premier Marketing may not share with You the email addresses of those who complain about Your email campaign. You are responsible for ensuring that Your email campaigns do not generate a number of spam complaints in excess of industry norms. JK Premier Marketing, in its sole discretion, shall determine whether Your level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. JK Premier Marketing will terminate Your use of its Services if JK Premier Marketing determines that Your level of spam complaints is higher than industry norms. CAN-SPAN Act of 2003. You shall use the Services only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and regulations thereunder and all other applicable U.S., state, local and international laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry laws). Although JK Premier Marketing has no obligation to monitor the content provided by You or Your use of the Services, JK Premier Marketing may do so and may block any email messages, remove any such content or prohibit any use of the Services that JK Premier Marketing believes may be (or is alleged to be) in violation of the foregoing. Footers. Unless you are a part of JK Premier Marketing’s authorized reseller program, for every email message transmitted by the Services, You acknowledge and agree that JK Premier Marketing may add an identifying footer stating “Email Marketing by JK Premier Marketing,” “Powered by JK Premier Marketing” or a similar message. Images. Images hosted by JK Premier Marketing on JK Premier Marketing controlled servers may only be used in connection with the Services and for no other purpose whatsoever. To the extent You use images provided by JK Premier Marketing, JK Premier Marketing hereby grants to You a limited, non-exclusive, non-transferable sublicense to use the images in an unaltered state solely in connection with Your use of the Services. Prohibited Content. JK Premier Marketing prohibits the use of the Services by any person or entity that:(i) Provides, sells, or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video, and software; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.(ii) Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.(iii) Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, DJ/nightclub, event/club promotions/party lists, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events.(iv) Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.(v) Posts or discloses any personally identifying information or private information about children without their consent (or their parents’ consent in the case of a minor).(vi) Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.(vii) Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.(viii) Promotes, solicits or participates in pyramid schemes.(ix) Engages in any libelous, defamatory, scandalous, threatening, harassing activity.(x) Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.(xi) Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.Right to Disable Access. JK Premier Marketing, at its own discretion, may immediately disable Your access to the Services without refund if JK Premier Marketing believes in its sole discretion that You have violated any of the policies listed above or elsewhere in this Agreement. |
6. OUTAGE POLICY, INTENDED RECIPIENTS.
| YOU ACKNOWLEDGE AND UNDERSTAND THAT JK Premier Marketing DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE AND THAT JK Premier Marketing MAY OCCASIONALLY EXPERIENCE “HARD OUTAGES” DUE TO INTERNET DISRUPTIONS THAT ARE NOT WITHIN ITS CONTROL. ANY SUCH HARD OUTAGE SHALL NOT BE CONSIDERED A BREACH OF THIS AGREEMENT. YOU FURTHER ACKNOWLEDGE AND UNDERSTAND THAT NOT ALL EMAIL MESSAGES SENT THROUGH USE OF THE SERVICES WILL BE RECEIVED BY THEIR INTENDED RECIPIENTS. |
7. VISTAPRINT PROPRIETARY RIGHTS.
| All trademarks, service marks, patents, copyrights, trade secrets, know-how, and other proprietary rights in or related to the Services, including, without limitation, JK Premier Marketing, JKPremierMarketing.com, the JK Premier Marketing logo, and other JK Premier Marketing owned or licensed logos and product and service names used in connection with the Services, are and will remain the sole and exclusive property of JK Premier Marketing or its applicable licensors or service provider(s) (collectively, the “Service Marks”), whether or not specifically recognized or perfected under applicable law. You agree not to display or use the Service Marks in any manner whatsoever without JK Premier Marketing’s prior written consent. As part of the Services, JK Premier Marketing may provide You with access to and use of graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and similar design and graphical content (referred to herein as “Design Content”). Such Design Content may be accessed and used by You for the sole purpose of creating, operating, and transmitting emails through the Services. To the extent JK Premier Marketing provides You with access to and use of Design Content, JK Premier Marketing grants You a non-exclusive, revocable, non-transferable, non-assignable, limited license to copy, use, reproduce, modify, and publish the Design Content for the sole purpose of creating, operating and transmitting emails through the Services. You acknowledge and agree that JK Premier Marketing or its licensors own all legal right, title, and interest in and to such Design Content, including any intellectual property rights. All rights in such Design Content are reserved worldwide and JK Premier Marketing reserves all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Design Content. It is strictly prohibited for You or any other third party to use, modify, retain, copy, distribute, transmit, publish, prepare derivative works of, or use any portion of the Design Content except as expressly allowed in this Agreement for the sole purpose of creating, operating and transmitting emails through the Services. You, and not JK Premier Marketing, are entirely responsible for Your use of Design Content and for its combination with any other information or content. JK Premier Marketing is providing such Design Content to You only as a convenience, and the inclusion of such content does not imply endorsement by JK Premier Marketing of such content. JK Premier Marketing reserves the right to add to, delete from, modify or remove completely any part of the Design Content at any time without prior notice, but JK Premier Marketing is not responsible for any failure or delay in doing so. Without limiting the generality of the foregoing, upon any termination of Your account and/or the Services, the foregoing license shall automatically terminate and You must immediately cease all use of and access to the Design Content. JK Premier Marketing or its applicable licensors or service provider(s) shall own all rights, title, and interest, including all intellectual property rights, in and to any improvements to the Services or any new programs, upgrades, modifications or enhancements thereto, even if and to the extent any such refinements and improvements result from Your request. To the extent, if any, that ownership in such refinements and improvements does not automatically vest in JK Premier Marketing or its applicable licensors or service provider(s) by virtue of this Agreement or otherwise, You hereby transfer and assign (and, if applicable, shall cause Your affiliates to transfer and assign) to JK Premier Marketing or its application service provider(s) all rights, title, and interest which You or any of Your affiliates may have into such refinements and improvements. |
8. YOUR PROPRIETARY RIGHTS.
| JK Premier Marketing and its applicable service provider(s) may use Your trademarks and trade names (“Your Marks”) solely in connection with the authorized provision of the Services. Any other use of Your Marks shall be with Your prior written consent and subject to all written guidelines You provide regarding the use of Your Marks. By submitting ideas, concepts, inventions, or content to JK Premier Marketing or using them in connection with the Services, You agree that such submission is non-confidential for all purposes. If You make any such submission, You agree that You will not send or transmit to JK Premier Marketing or to any third party using the Services, any communication or content that infringes or violates any rights of any party. If You submit any business information, ideas, concepts or inventions or content to JK Premier Marketing by email, You agree such submission is non-confidential for all purposes. If You make any submission to this web site or if You submit any business information, idea, concept or invention to Vistaprint by email, You automatically grant—or warrant that the owner of such content or intellectual property has expressly granted— JK Premier Marketing a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner. JK Premier Marketing does not claim ownership of the content that You provide to JK Premier Marketing or through the Services, and JK Premier Marketing acknowledges and agrees that subject to the terms and conditions of this Agreement, You will retain any and all applicable copyright and other intellectual property rights in Your content. Notwithstanding the foregoing, You hereby grant JK Premier Marketing a non-exclusive, worldwide, irrevocable, perpetual, unlimited, assignable, royalty-free, license to (i) copy, host, use, reproduce, modify, prepare derivative works of, improve, distribute, transmit, publish, remove, retain, add to, combine with the information provided by third parties, and publicly display Your content (a) on and through the Services for the purpose of creating, operating and maintaining the Services and (b) in JK Premier Marketing’s promotional and advertising materials for the limited purpose of promoting the Services, and (ii) sublicense to third parties Your content to the extent necessary for the creation, operation, and maintenance of, in part or in whole, the Services. You also hereby grant JK Premier Marketing the perpetual and irrevocable right to delete any or all of Your content from JK Premier Marketing’s servers, and the Services, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to You or any other person. You agree that even though You retain certain copyright or other intellectual property rights in Your content, You do not own the account used to access the Service, nor do You own any data stored on JK Premier Marketing servers (including without limitation any data representing or embodying any or all of Your content). No compensation will be paid or due You with respect to JK Premier Marketing’s or its sublicensee’s use of the materials as licensed in accordance with the foregoing terms. By submitting, posting, uploading, transmitting or otherwise making available any Your content or by posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the Services, You warrant and represent that You own or otherwise control the rights necessary to do so and to grant JK Premier Marketing the license set forth above, and, pursuant to the terms set forth in Section 3, You will defend, indemnify and hold harmless JK Premier Marketing and the other Indemnified Parties from any third party claim related to a breach of any of the foregoing representations and warranties. |
9. DATA PRIVACY AND SECURITY.
| JK Premier Marketing utilizes reasonable physical, electronic and procedural safeguards to help JK Premier Marketing protect against the loss, misuse, disclosure and alteration of any of Your content or data that JK Premier Marketing receives from You and any personal data JK Premier Marketing receives from You about Your end-users or customers (“End-User Data”). With respect to certain services provided pursuant to this Agreement as part of the Services, JK Premier Marketing may act as Your data processor with respect to such End-User Data, in which case JK Premier Marketing processes such End-User Data only in accordance with Your instructions. You are responsible for complying with all consumer protection and data privacy laws with respect to such End-User Data and will indemnify, defend, and hold harmless JK Premier Marketing and each other Indemnified Party from and against any and all Liabilities incurred by an Indemnified Party arising out of or related to Your failure to so comply. |
10. CHARGES AND BILLING.
| JK Premier Marketing reserves the right to charge fees for the Services or any portion thereof and any applicable fees will be posted on the JK Premier Marketing website. If You are required to pay a fee for all or any part of the Service for which You have chosen to subscribe, You hereby authorize JK Premier Marketing to charge the designated valid financial account You provided to JK Premier Marketing upon registration for the Services in advance for all applicable fees incurred by You in connection with Your account. Your account will automatically renew at the end of each applicable subscription period, unless Your account is terminated in advance of the end of the then-current subscription period. If there are any annual, monthly or similar periodic subscription fees associated with Your account, these fees will be billed automatically to Your designated valid financial account at the start of each renewal period, unless You terminate Your account before the relevant period begins. If You registered for the Services using a JK Premier Marketing promotional code or discount after the initial promotional period expires, Your subscription (base package and any purchased upgrades) will automatically be renewed and billing will continue at the then-current prices for the Services. You further acknowledge that it is Your responsibility to notify JK Premier Marketing of any changes to Your valid designated financial account information, including, without limitation, updates to Your credit card number if Your credit card has expired, or Your account and access to the Services may be terminated or interrupted. JK Premier Marketing reserves the right to change any fees (which includes but is not limited to, increasing prices on existing or new services and charging a fee for upgrades and/or a service for which JK Premier Marketing does not currently charge a fee) at any time and from time to time, provided, however, that JK Premier Marketing will provide You with reasonable notice prior to making any fee changes to existing the Services. If You find any change to the pricing of the Services to be unacceptable for Your continued use of the Services, You are free to cancel the Services and terminate Your account at any time, but JK Premier Marketing will not be obligated to refund any remaining portion of Your pre-paid fees when You cancel such the Services.You agree to pay Your account balance when due. You also agree to pay any taxes, including sales, use, value-added or other similar taxes, resulting from Your use of the Services. You are responsible and liable for any fees, including attorney and collection fees, that JK Premier Marketing may incur in its efforts to collect any remaining balances due from You. This Section 10 shall in no way limit any other remedies available to JK Premier Marketing at law or in equity. You also acknowledge and agree that You will be billed for and will pay any outstanding balances if Your Account is terminated due to Your breach of this Agreement. You must notify JK Premier Marketing of any billing problems or discrepancies within sixty (60) days after they first appear on Your designated financial account statement. If You do not notify JK Premier Marketing within sixty (60) days, You waive any right to dispute such problems or discrepancies. |
11. DISCLAIMER OF WARRANTIES.
| EXCEPT AS MAY BE OTHERWISE SPECIFICALLY PROVIDED HEREIN, THE SERVICES, INCLUDING WITHOUT LIMITATIOIN THE SOFTWARE, ARE PROVIDED HEREUNDER “AS IS” WITHOUT WARRANTY OF ANY KIND. EXCEPT AS MAY BE OTHERWISE SPECIFICALLY PROVIDED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, JK Premier Marketing AND ITS APPLICABLE LICENSORS AND SERVICE PROVIDER(S) EACH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE APPLICATION SOFTWARE OR APPLICATION SERVICES, WHETHER MADE BY EMPLOYEES OF JK Premier Marketing OR OTHERWISE, WHICH IS NOT CONTAINED IN THIS AGREEMENT, SHALL BE DEEMED TO BE A WARRANTY BY JK Premier Marketing FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF JK Premier Marketing WHATSOEVER. |
12. LIMITATION OF LIABILITY.
| NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, IN NO EVENT SHALL VISTAPRINT AND/OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF JK Premier Marketing OR ANY OF SUCH PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING OR ANY OTHER PROVISION IN THIS AGREEMENT, IN NO EVENT SHALL JK Premier Marketing AND/OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE IN ANY RESPECT ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICES, (B) THE PROVISION OF OR FAILURE TO THE SERVICES, (C) ANY OF YOUR CONTENT OR OTHER INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR RELATED GRAPHICS OBTAINED OR PROVIDED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE CREATION, USE OR MAINTENANCE OF THE SERVICES, OR (D) YOUR STATEMENTS OR CONDUCT BY YOUR OR ANY THIRD PARTY ON OR WITH RESPECT TO THE SERVICES. THE FOREGOING DISCLAIMER OF LIABILITY IS EFFECTIVE WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY. IN NO EVENT SHALL JK Premier Marketing’S AGGREGATE LIABILITY TO YOU AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT YOU ACTUALLY PAID TO JK Premier Marketing UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER JK Premier Marketing NOR ANY OF ITS AFFILIATES, LICENSORS, OR SUPPLIERS IS OR SHALL BE RESPONSIBLE FOR ANY OF YOUR CONTENT OR OTHER DATA RESIDING ON OR ARISING FROM THE SERVICES, OR ANY HARDWARE OF VISTAPRINT OR ITS SUPPLIERS. IT IS YOUR RESPONSIBILITY TO TAKE THE NECESSARY STEPS TO ENSURE THAT YOUR PRIMARY MEANS OF BUSINESS IS MAINTAINED (IF APPLICABLE). THIS LIMITATION OF LIABILITY DOES NOT APPLY TO DAMAGES INCURRED BY WILFULL MISCONDUCT BY VISTAPRINT OR JK Premier Marketing’S AGENTS. |
13. CUSTOMER SUPPORT.
| JK Premier Marketing offers certain phone support services at no additional charge. Phone support is limited to technical questions only. Non-technical questions including, but not limited to, questions relating to design, deliverability rules or issues, marketing planning or similar services, shall not be included in the phone support services offered at no additional charge. Applicable contact information and hours of operation for JK Premier Marketing customer support is available. The Services are provided subject to this Agreement, as it may be amended by JK Premier Marketing, and any guidelines, rules or operating policies that JK Premier Marketing may establish and post from time to time, including without limitation JK Premier Marketing’s Customer Privacy Policy, as linked from all email generated from JK Premier Marketing or otherwise furnished to You. By posting updated versions of the Agreement on the JK Premier Marketing website, or otherwise providing notice to You, JK Premier Marketing may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services in its sole discretion. Except as otherwise provided in the Agreement, all such changes shall become effective upon the posting of the revised Agreement on the Service or at JK Premier Marketing’s website. The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If You do not qualify, You are not permitted to use the Services. If You are using the Services in Your capacity as an employee, You must have the ability to bind Your employer by Your use of the Services. You must complete the registration form on the JK Premier Marketing website in order to use the Services. You shall provide true, accurate, current, and complete information about Yourself as requested in the registration form. |
14. USER REGISTRATION/PRIVACY POLICY.
| In order for You to participate in the Services, JK Premier Marketing will require You to provide specific information about Yourself and (if applicable) Your business. You agree to provide true, accurate, and complete information and to refrain from impersonating or falsely representing Your affiliation with any person or entity. You shall maintain with JK Premier Marketing a valid email address for Yourself at all times. You shall be responsible for maintaining the confidentiality of Your account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. You shall be responsible for all actions by such users, including without limitation present and former employees, partners, agents and representatives, and shall indemnify JK Premier Marketing for such actions as set forth in Section 3.Any information supplied by You upon registering for the Services and any other information supplied by You about Yourself and/or Your business is subject to JK Premier Marketing’s Privacy Policy. You should review the JK Premier Marketing Privacy Policy, a copy of which is available on the JK Premier Marketing website. JK Premier Marketing reserves the right to update or change the Privacy Policy from time to time in its sole discretion. |
15. TERMINATION.
| You may terminate this Agreement at any time by calling isJK Premier Marketing customer support. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND JK Premier Marketing IS NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT AND ANY CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT. Upon confirmation of such cancellation, You will forfeit all credits, pre-paid fees, and any other amounts accruing to You, if any, and JK Premier Marketing shall not be required to refund, redeem, or pay any such or other amounts to You. JK Premier Marketing also reserves the right to collect fees incurred before You cancel Your account in addition to any applicable cancellation fee(s).Vistaprint, in its sole discretion, may terminate, disable or suspend Your account and Your use of and access to the Services, at any time and for any reason, including, without limitation, (i) if You breach this Agreement, including, without limitation, due to (X) Your failure to make any required payments to JK Premier Marketing when due, or (Y) Your failure to comply with the conduct rules set forth in this Agreement, including without limitation Sections 4 and 5 above; (ii) if JK Premier Marketing is unable to verify or authenticate any information that You provide to JK Premier Marketing; (iii) JK Premier Marketing concludes in its sole discretion that Your use of or access to the Services may result in liability to JK Premier Marketing or its suppliers or licensors, or (iv) upon Your bankruptcy or insolvency. If JK Premier Marketing terminates Your account pursuant to (i), (ii), (iii) or (iv) above, You will forfeit all credits, pre-paid fees, and any other amounts accruing to You, if any, and JK Premier Marketing shall not be required to refund, redeem, or pay any such or other amounts to You. JK Premier Marketing shall have no liability to You or any third party because of such termination or action. Upon cancellation or other termination of Your account for any reason, JK Premier Marketing shall (i) collect all fees, commitments and obligations incurred or accrued by You; (ii) delete Your content, subscriber or campaign data, listings, messages or other information in connection with Your Account and Your use of or access to the Services; and (iii) prohibit Your access to and use of Your Account and the Services, including without limitation by deactivating Your password. In no event shall Vistaprint be required to return any of Your content to You upon any such termination. JK Premier Marketing is not responsible for any damages to or losses incurred by You or any third party in the event You choose to cancel Your account and JK Premier Marketing takes any of the above actions. After cancellation or termination, You shall process all unsubscribe requests within 30 days of Your last email campaign. JK Premier Marketing will provide upon request the list of unsubscribe requests from Your account. Under the CAN-SPAM Act of 2003, You acknowledge that You are responsible for maintaining and honoring the list of unsubscribe requests following termination of Your account and this Agreement. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability. Upon cancellation or other termination of Your account for any reason, JK Premier Marketing shall (i) collect all fees, commitments, and obligations incurred or accrued by You; (ii) delete Your content, subscriber or campaign data, listings, messages or other information in connection with Your Account and Your use of or access to the Services; and (iii) prohibit Your access to and use of Your Account and the Services, including without limitation by deactivating Your password. In no event shall JK Premier Marketing be required to return any of Your content to You upon any such termination. JK Premier Marketing is not responsible for any damages to or losses incurred by You or any third party in the event You choose to cancel Your account and JK Premier Marketing takes any of the above actions. After cancellation or termination, You shall process all unsubscribe requests within 30 days of Your last email campaign. JK Premier Marketing will provide upon request the list of unsubscribe requests from Your account. Under the CAN-SPAM Act of 2003, You acknowledge that You are responsible for maintaining and honoring the list of unsubscribe requests following termination of Your account and this Agreement. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability. If Your account is classified (at JK Premier Marketing’s sole discretion) as inactive for over 60 days, JK Premier Marketing has the right to permanently delete Your subscriber data. JK Premier Marketing will use good faith efforts to contact You via email prior to taking any permanent removal actions. JK Premier MarketingYou may terminate this Agreement at any time by calling JK Premier Marketing customer support. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND JK Premier Marketing IS NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT AND ANY CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT. Upon confirmation of such cancellation, You will forfeit all credits, pre-paid fees, and any other amounts accruing to You, if any, and JK Premier Marketing shall not be required to refund, redeem, or pay any such or other amounts to You. JK Premier Marketing also reserves the right to collect fees incurred before You cancel Your account in addition to any applicable cancellation fee(s). JK Premier Marketing, in its sole discretion, may terminate, disable or suspend Your account and Your use of and access to the Services, at any time and for any reason, including, without limitation, (i) if You breach this Agreement, including, without limitation, due to (X) Your failure to make any required payments to JK Premier Marketing when due, or (Y) Your failure to comply with the conduct rules set forth in this Agreement, including without limitation Sections 4 and 5 above; (ii) if JK Premier Marketing is unable to verify or authenticate any information that You provide to JK Premier Marketing; (iii) JK Premier Marketing concludes in its sole discretion that Your use of or access to the Services may result in liability to JK Premier Marketing or its suppliers or licensors, or (iv) upon Your bankruptcy or insolvency. If JK Premier Marketing terminates Your account pursuant to (i), (ii), (iii) or (iv) above, You will forfeit all credits, pre-paid fees, and any other amounts accruing to You, if any, and JK Premier Marketing shall not be required to refund, redeem, or pay any such or other amounts to You. JK Premier Marketing shall have no liability to You or any third party because of such termination or action.Upon cancellation or other termination of Your account for any reason, JK Premier Marketing shall (i) collect all fees, commitments and obligations incurred or accrued by You; (ii) delete Your content, subscriber or campaign data, listings, messages or other information in connection with Your Account and Your use of or access to the Services; and (iii) prohibit Your access to and use of Your Account and the Services, including without limitation by deactivating Your password. In no event shall JK Premier Marketing be required to return any of Your content to You upon any such termination. JK Premier Marketing is not responsible for any damages to or losses incurred by You or any third party in the event You choose to cancel Your account and JK Premier Marketing takes any of the above actions. After cancellation or termination, You shall process all unsubscribe requests within 30 days of Your last email campaign. JK Premier Marketing will provide upon request the list of unsubscribe requests from Your account. Under the CAN-SPAM Act of 2003, You acknowledge that You are responsible for maintaining and honoring the list of unsubscribe requests following termination of Your account and this Agreement. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.Upon cancellation or other termination of Your account for any reason, JK Premier Marketing shall (i) collect all fees, commitments and obligations incurred or accrued by You; (ii) delete Your content, subscriber or campaign data, listings, messages or other information in connection with Your Account and Your use of or access to the Services; and (iii) prohibit Your access to and use of Your Account and the Services, including without limitation by deactivating Your password. In no event shall JK Premier Marketing be required to return any of Your content to You upon any such termination. JK Premier Marketing is not responsible for any damages to or losses incurred by You or any third party in the event You choose to cancel Your account and JK Premier Marketing takes any of the above actions. After cancellation or termination, You shall process all unsubscribe requests within 30 days of Your last email campaign. JK Premier Marketing will provide upon request the list of unsubscribe requests from Your account. Under the CAN-SPAM Act of 2003, You acknowledge that You are responsible for maintaining and honoring the list of unsubscribe requests following termination of Your account and this Agreement. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers, and limitations of liability.If Your account is classified (at JK Premier Marketing’s sole discretion) as inactive for over 60 days, JK Premier Marketing has the right to permanently delete Your subscriber data. JK Premier Marketing will use good faith efforts to contact You via email prior to taking any permanent removal actions. |
JK Premier MarketingDesign & Creative Services are subject to the additional terms of use found here:
| These Terms of Use establish the terms under which Cimpress plc and/or its affiliates, including but not limited to JK Premier Marketing, L.L.C. (“JK Premier Marketing”) performs design and other creative services projects (collectively, “Creative Services”). The general JK Premier Marketing Terms of Use, available at JKPremierMarketing.com, including all product-specific Terms of Use or Terms and Conditions, referred to in the general JK Premier Marketing Terms of Use, are incorporated by reference into and made a part of these Creative Services Terms of Use, except to the limited extent that any such Terms of Use or Terms and Conditions are expressly modified below. By directly or indirectly requesting a Creative Services project from JK Premier Marketing, you agree to be bound by these Terms of Use. Please read them, including the general JK Premier Marketing Terms of Use and other Terms of Use and Terms and Conditions incorporated herein, carefully. JK Premier Marketing reserves the right to make changes to these Terms of Use and to the products and services offered by JK Premier Marketing Creative Services at any time without prior notice. You should review these Terms of Use, and the incorporated JK Premier Marketing Terms of Use, each time you access the Creative Services site. |
Designs
| If you upload, email, link (directly or indirectly), or otherwise refer JK Premier Marketing to any text, images, designs, or other content for incorporation into your Creative Services project, you unconditionally guarantee, represent and warrant that you have all appropriate and necessary right and authority to use such text, images, designs, or other content and that JK Premier Marketing’s provision of Creative Services will not infringe any trademark, copyright, or other rights of any other party. The designs and/or written copy (collectively, “Designs”) prepared by JK Premier Marketing for you as part of your Creative Services project may have similarities to Designs prepared by JK Premier Marketing for other parties. You are obtaining no right or claim of any kind to any individual Design (or any element thereof) provided by JK Premier Marketing, and JK Premier Marketing reserves the right to use the same or similar Design or elements thereof in other Creative Services projects or otherwise for other parties in the future. Except for the specific Creative Services project content provided to JK Premier Marketing by you, all rights in all Creative Services work products, including without limitation both final Designs and all interim and draft Designs, are retained by JK Premier Marketing. |
Requirements
| JK Premier Marketing reserves the right, in JK Premier Marketing’s sole discretion, to refuse to accept any Creative Services project or to terminate any Creative Services project prior to completion at any time and for any reason. You agree that JK Premier Marketing shall have no liability of any kind to you or to any third party arising from such refusal or termination. JK Premier Marketing reserves the right to use any Designs and/or your finished Creative Services project products as sample work for advertising and promotional purposes and for internal purposes. Projects may be canceled within 10 days of the initial Designs being completed by the JK Premier Marketing Creative Services team and placed in your JK Premier Marketing account. If you do not cancel your Creative Services project within such 10-day period, you will be deemed to have accepted such Designs, and all amounts paid or payable by you for the Creative Services project will be nonrefundable. It is your responsibility to provide images, or other content if needed to complete the project. You must contact JK Premier Marketing with any changes, updates, or enhancements to the project you are requesting starting from the date of sale. You must call JK Premier Marketing customer care at (910) 580-7432 for any requests to cancel services. |
Damages and Liabilities
| JK Premier Marketing disclaims and shall not be liable for any loss, injury, cost, or damage suffered by the customer or any third party, and shall in no event be liable for consequential, special, or indirect or incidental damages (including without limitation, damages for loss of business profits, business interruption, or loss of data), arising out of or in any way connected with the use of the Designs and any information available on or related to such Designs, and the delay or inability to use the JK Premier Marketing site or any information, in each case even if JK Premier Marketing has been advised of the possibility of such damages. JK Premier Marketing provides no warranty of any kind that any Design will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether any such Design is legally available for your use and does not infringe the rights of another party. All delivery times are estimates only, and JK Premier Marketing is not responsible for any late Creative Services projects and/or impact to customer’s business due to a late project and/or printing. |
This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of JK Premier Marketing or the copyrighted property of parties from whom JK Premier Marketing has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. JK Premier Marketing 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 JK Premier Marketing remain the property of JK Premier Marketing and its licensors. The logo design tools provided by JK Premier Marketing employ a limited number of elements, including icons, fonts, color schemes, and design effects. JK Premier Marketing reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other JK Premier Marketing customers may use the design tools to create logos that have similar or identical combinations of these elements and JK Premier Marketing does not guarantee that your logo will not have similarities to logos designed and used by other parties. JK Premier Marketing provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party.
You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through JK Premier Marketing (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from JK Premier Marketing does not entitle you to use any portion of Content apart from the finished Products as they are supplied by JK Premier Marketing. You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property rights of any person or entity. You agree that you will not use the Site, Content, or Products to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. JK Premier Marketing reserves the right, in JK Premier Marketing’s sole discretion, to refuse to accept any content provided by you to JK Premier Marketing or to process any order at any time and for any reason. JK Premier Marketing also may terminate its service to and/or the accounts of customers found to be using JK Premier Marketing to engage in undesirable activities or otherwise violating these Terms of Use. You agree that JK Premier Marketing shall have no liability of any kind to you or to any third party arising from such refusal or termination. You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize JK Premier Marketing to produce the Products on your behalf. You grant JK Premier Marketing the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded or submitted for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit JK Premier Marketing to copy, distribute, use, modify, create derivative works of and vectorize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
Transfer of Title
The customer agrees that the risk of loss and title for any printed Product pass to you upon our delivery to our carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.
INDEMNIFICATION
You agree that you shall indemnify and defend JK Premier Marketing and all parties from whom JK Premier Marketing has licensed portions of Content, and their directors, officers, employees, and contractors against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.
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. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE, AND 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.
Please note that we cannot be responsible for: Spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer. Please preview your designs carefully and correct any mistakes prior to placing your order. JK Premier Marketing is not responsible for proofing documents approved by its customers prior to processing.
Limitation of Liability
IN NO EVENT SHALL JK PREMIER MARKETING OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT JK PREMIER MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR PRODUCTS OR SERVICES SOLD THEREON, OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM JK PREMIER MARKETING OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL JK PREMIER MARKETING BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT OR OUR SUPPLIED PRODUCTS OR SERVICES.
Site Feedback
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to JK Premier Marketing in connection with the operation or content of this Site shall be provided by the submitter and received by JK Premier Marketing on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of JK Premier Marketing. By submitting any such information to JK Premier Marketing, you agree that you are transferring and assigning, at no charge, all of your right, title, and interest in the information, including all copyrights and other intellectual property rights. You agree that JK Premier Marketing shall be free to use such information on an unrestricted basis.
Governing Law
The party you are contracting with and the seller of the products and services offered and sold on this Site is JK Premier Marketing, L.L.C., a limited company organized under the laws of the United States of America with its headquarters in Fayetteville, North Carolina. 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. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in North Carolina, the United States of America. You agree to submit to the jurisdiction of courts sitting in North Carolina, the United States of America 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 JK Premier Marketing that a court sitting in North Carolina is an inconvenient forum for such legal action or proceeding
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