You are responsible for your use of the Service, for any content you share through or post to the Service, and for any consequences thereof.
The Service that Printhug provides is always evolving, and the form and nature of the Service may change from time to time without prior notice to you. In addition, Printhug may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally, and may not provide you with prior notice. Printhug also retains the right to create limits on use and storage at our sole discretion at any time without prior notice to you. Printhug reserves its right to make these changes to the Service for any reason or no reason at all.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (https://printhug.com/terms). Printhug may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.Service
These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. "Content" includes the text, graphics, photos, sounds, music, videos, audiovisual combinations, and other materials you may send through, view on, access through, or contribute to the Service. The Service includes all aspects of Printhug, including but not limited to all products, software and services offered via the Printhug website.
The Service may contain links to third party websites that are not owned or controlled by Printhug. Printhug has no control over, and assumes no responsibility for, the content, privacy policies, practices or performance of any third party website. In addition, Printhug will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Printhug from any and all liability arising from your use of any third-party website.
In order to access some features of the Service, you will have to create a Printhug account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Printhug immediately of any breach of security or unauthorized use of your account.
Although Printhug will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Printhug or others due to such unauthorized use.Photo Print Orders
As part of the Services, Printhug offers you the ability to upload personal digital photographs and images (collectively, "Photos") to the Printhug website and submit orders to receive photographic prints and gift products of such Photos ("Photo Orders"). To submit a Photo Order, you must provide Printhug with accurate and complete information such as your mailing address, the recipients shipping address (the "Shipping Address") and your credit card and billing information (collectively, your "Payment Information").
You understand and agree that: (1) all Photo Orders you submit are charged a fee according to the pricing schedule found at the FAQ page; (2) you will be charged upfront and must pay for the Photo Orders at the time of ordering; (3) Photo Orders will be shipped to the Shipping Address as provided by you to Printhug, and Printhug will not be liable for any Photo Orders which are shipped to inaccurate Shipping Addresses due to your error; (4) Photo Orders are processed and shipped within 3 days of receipt Monday through Friday with the exception of holidays and Photo Orders received from December 15 through January 5 may not ship within 3 days, but will ship as soon as possible; and (5) Photo Orders containing more than one product type may ship separately.
You represent, warrant, and agree that: (i) your Photos do not infringe on or violate any copyright, moral right, trademark, patent, or any other proprietary or other right of any third party, including, but not limited to, any third party right to privacy or right of publicity; (ii) none of the Photos uploaded to the Printhug website nor any other materials delivered by You to Printhug contain any scandalous, pornographic, libelous or unlawful matter or material; (iii) Printhug will not be responsible for any refunds, reprints or remakes of Photo Orders due to your errors in, including, but not limited to, uploading of Photos incorrectly, uploading and use of blurry or distorted Photos, incorrect sizing of Photo Orders, and incorrect Shipping Address; (iv) you are the authorized holder of the credit card used to pay for Photo Orders; (v) you authorize Printhug to charge such credit card for payment of all submitted Photo Orders; and (vi) all Payment Information is accurate and up to date.General Use of the Service - Permissions and Restrictions
Printhug hereby grants you permission to access and use the Service as set forth in these Terms of Service,
1. You agree not to distribute in any medium any part of the Service or the Content without Printhug's prior written authorization, unless Printhug makes available the means for such distribution through functionality offered by the Service.
2. You agree not to alter or modify any part of the Service.
3. You agree not to access Content through any technology or means other than the Printhug website, your email account, or other explicitly authorized means Printhug may designate.
You agree not to use the Service for any of the following unless you obtain Printhug's prior written approval:
1. the sale of access to or data from the Service; or
2. the sale of advertising, sponsorships, or promotions placed on, around or within the Service or Content.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "scrapers," or "offline readers," that accesses the Service in a manner that sends more request messages to the Printhug servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Printhug grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Printhug reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.Content and Photos on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We do not monitor or control the Content posted via the Services, and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Printhug is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Printhug be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Printhug, subject to copyright and other intellectual property rights under the law.
Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Printhug or the respective licensors of the Content. Printhug and its licensors reserve all rights not expressly granted in and to the Service and the Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.Your Content and Your Rights
You retain your rights to any Content you originate and submit, send, post or display on or through the Service ("Your Content") and to your submitted Photos. For the avoidance of doubt, your rights do not extend to anything that you have downloaded or edited from the Content on the Service.
You understand that Printhug does not guarantee any confidentiality with respect to any Content you submit. By submitting, posting or displaying Your Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed) solely in connection with the production or provision of any product or service you request or to show you how your content would appear in our products or services.
You agree that this license includes the right for Printhug to make Your Content available to other companies, organizations or individuals who partner with Printhug for the syndication, broadcast, distribution or production of products with your content, subject to our terms and conditions for such Content use.
Such additional uses by Printhug, or other companies, organizations or individuals who partner with Printhug, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of Your Content by other users and our third party partners. You understand that if you do not have the right to submit Content for such use, it may subject you to liability. Printhug will not be responsible or liable for any use of your Content by Printhug in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Printhug does not permit copyright infringement and/or the infringement of intellectual property rights on the Service, and Printhug will remove any Content if properly notified that such Content infringes on another's intellectual property rights. Printhug reserves the right to remove Content without prior notice.Printhug Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Printhug and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Printhug name or any of the Printhug trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Printhug or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.Account Termination Policy
Printhug reserves the right to decide whether Content or Photos violate these Terms of Service for any reason, such as, but not limited to, infringement of intellectual property rights, pornography, obscenity, or excessive length. Printhug may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.Copyright Policy
While we are not obligated to review user submitted content for copyright infringement, we are committed to protecting copyrights and expect users of our Sites and Apps to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that any material used or displayed on or through our Sites and Apps infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Sites and Apps; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices regarding our Sites and Apps should be sent to email: firstname.lastname@example.orgWarranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PRINTHUG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.
PRINTHUG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. PRINTHUG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING OR ANY HYPERLINKED SERVICES. PRINTHUG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
PRINTHUG AND ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND - EXPRESS OR IMPLIED - INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRINTHUG WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.Limitation of Liability
IN NO EVENT SHALL PRINTHUG, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE SERVICE. THIS LIMITATION OF LIABILITY APPLIES TO, BUT SHALL NOT BE LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PRINTHUG SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Printhug, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party; or (v) any breach of your representations and warranties contained herein. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, please do not use the Service unless you are under the supervision of your legal parents or guardians.International Visitors
The servers of the Service are located within the United States. If you choose to use the Service from the European Union or other regions of the world, then please note that you are transferring your personally identifiable information outside of those regions to the United States for storage and processing. By providing your personally identifiable information on the Service you consent to that transfer, storage, and processing. Further, we may transfer this data from the United States to other jurisdictions in connection with storage and processing of data, fulfilling your requests, and operating the Service.Governing Law and Mandatory Arbitration
By using the service, you are also agreeing that any claim or dispute that may arise between you and Printhug will be governed by the laws of the State of Israel, without giving effect to any conflict of law principles and will be decided exclusively by a court of competent jurisdiction located in Tel Aviv, Israel.
Any dispute, claim or controversy arising out of, connected with or relating to these Terms will be brought before an arbitrator who is an Israeli attorney proficient in the fields of electronic commerce and Internet. The arbitrator will be determined by the President of the Israel Bar Association at the request of either party.
The arbitrator will be entitled to grant provisional remedies and interim orders. The arbitration will take place in the city of Tel Aviv. The arbitrator will not be bound by the rules of civil procedure but will be bound by the law of evidence and substantive law. The arbitrator will give reasons for his decision. A judgment upon the arbitration award may be entered in a court in the Tel Aviv district.
Notwithstanding the aforesaid, should any of the parties to this agreement be sued by a third party, in any legal proceeding whatsoever, the defendant, notwithstanding the aforesaid, may add the other party to such judicial process, and in such event this arbitration agreement will not apply.
The competent court for purposes of the Arbitration Law, 5728-1968, will be the court located in the city of Tel Aviv.
This section constitutes an arbitration agreement between the parties for all intents and purposes.
In any matter that does not fall within the jurisdiction of the arbitrator, or any matter in which this arbitration agreement does not apply, for any reason whatsoever, exclusive jurisdiction will lie with the competent court in the Tel Aviv district in Israel.General