The following Terms of Service ("TOS") contain the terms and conditions that govern your use of the Web Site and PosterNerd Service. These TOS describe your rights and responsibilities and what you can expect from the PosterNerd Service. If you do not read, understand, and agree to all the TOS, you may not use the Web Site.
Use of the PosterNerd Website and Service
PosterNerd will only knowingly provide PosterNerd Service to parties that can lawfully enter into and form contracts under applicable law. PosterNerd Web Site and Service are not meant for children under 18. By using the PosterNerd Service you represent and warrant that you are 18 or older and that you have the capacity to understand, agree to and comply with these TOS.
Compliance with TOS and Applicable Law
You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the PosterNerd service and the Web Site.
Your License to PosterNerd Service and Web Site
(a) - PosterNerd solely and exclusively owns all intellectual property and other right, title and interest in and to the PosterNerd Service and Web Site, except as expressly provided for in these TOS. The copyrights in and to the website, and certain technology used in providing the PosterNerd Service. You will not acquire any right, title, or interest therein under these TOS or otherwise.
(b) - PosterNerd grants you a limited revocable license to access and use the Web Site and the PosterNerd Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by PosterNerd; create derivative works based on the content of the Web Site for purposes prohibited by PosterNerd; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach this TOS, PosterNerd may revoke the license granted to you.
(c) - PosterNerd retains all rights related to preview images of uploaded Content on the Web Site. If you wish to use a preview image for promotional purposes, please contact PosterNerd for written permission to do so.
(a) - PosterNerd has licensed with publishers of several clip-art and photo libraries to use their art when making stickers, signs and posters. This license does not extend to end users. You may not copy or reproduce our sign, poster or sticker images on the Web Site, or reproduce our printed products which contain this copyrighted material.
Except as may be expressly permitted by PosterNerd you may not: (i) interfere with the PosterNerd Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the PosterNerd Service, (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Web Site, except in the operation or use of a "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the PosterNerd Service; (v) impersonate another person or entity; (vi) engage in any activity that interferes with another user's ability to use or enjoy the PosterNerd Service; or (ix) assist or encourage any third party in engaging in any activity prohibited by these TOS.
As part of the PosterNerd Service, PosterNerd offers a service that allows you to upload images and data ("Content") to the Web Site to create, produce and purchase products featuring the uploaded Content for your own use.
Delivery of Content
You will upload or deliver to PosterNerd all Content that you want to use with the Service in accordance with the applicable instructions on the Web Site. PosterNerd may, in its sole and exclusive discretion, determine whether any Content complies with such instruction and is satisfactory for use with the service.
Licensing Your Content to PosterNerd
You will retain ownership of the Content that you upload to the Web Site. You hereby grant to PosterNerd nonexclusive, right and license to use such Content, in all media existing now or created in the future, as PosterNerd deems necessary to enable you to use the Service to create and produce products for you as long as your Content remains uploaded to the Web Site. This license is to enable PosterNerd to produce your order. PosterNerd will not sell your Content to other individuals.
When you submit questions, comments, suggestions, material submitted via web forms, communications or other information ("Submissions"), you grant PosterNerd permission to use such submissions for marketing and other promotional purposes. You agree that PosterNerd will have no obligation to keep any Submissions confidential and you will not bring a claim against PosterNerd based on "moral rights" or the likes arising from PosterNerd's use of a Submission. This section does not apply to your Content that you use in connection with the PosterNerd Service.
Representations and Warranties
Mutual Representations and Warranties
You represent and warrant to PosterNerd and PosterNerd warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of your or its obligations under these TOS do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TOS are a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with their terms and conditions.
You represent and warrant to PosterNerd that, in your use of the PosterNerd service you: (i) will not infringe on the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and (ii) will comply with all applicable laws, rules and regulations. You further represent and warrant to PosterNerd that: (i) there are no claims, demands or any form of litigation pending or, to the best of your knowledge, threatened with respect to any of your Content; (ii) PosterNerd will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that PosterNerd incurs in providing PosterNerd service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
Disclaimer of Warranties
The Service and the materials available on or through the Service are without warranties or conditions of any kind either expressed or implied. PosterNerd provides the web site and PosterNerd Service on an "as is, with all faults" and "as available" basis. To the fullest extent permissible under applicable law, PosterNerd disclaims all warranties and conditions, expressed or implied, including, but not limited to, implied warranties and conditions of merchantability, merchant quality, correspondence to description and fitness for a particular purpose. PosterNerd does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that make it available, are free of viruses or other harmful components. PosterNerd does not represent or warrant that the materials or the results of the use of the materials available through the Service or from third parties will be correct, accurate, timely, reliable, or otherwise.
Exclusion of Damages
To the full extent allowed by applicable law, you agree that neither PosterNerd nor any of its suppliers be liable to you and/or any other person for any consequenial or incidental damages (including but not limited to lost profits, loss of privacy or for failure to meet any duty, including but not limited to any duty of good faith, lack of negligence or of reasonable care or workmanlike effort) or any other indirect, special, or punitive damages whatsoever that arise out of or are related to the site, sellers, services or to any breach of the terms by PosterNerd, even if PosterNerd has been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict liability. Your direct damages shall be limited to the amount incurred by you in reasonable reliance, up to any amount that you paid to PosterNerd (if more) for the service causing your damage.
In accordance with UPS, FeDEX and USPS policy, shipping errors and delays due to weather and or "acts of God" are non-refundable.
PosterNerd will not be liable to you or any third party for damages arising out of use or misuse of its products or services including but not limited to damage to surfaces used in application of bumper stickers.
You must indemnify and hold PosterNerd and its employees, representatives, agent, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damages, loss, or expense (including without limitation, attorney's fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these TOS. If you have to indemnify PosterNerd under this Section, PosterNerd will have the right to control the defense, settlement, and resolution of any claim at your sole expense. You may not settle or otherwise resolve any claim without PosterNerd's express written permission.
PosterNerd may suspend or terminate your use of the Web Site or PosterNerd Service if it believes, in its sole and absolute discretion that you have breached a term of these TOS.
These TOS will survive indefinitely unless and until PosterNerd chooses to terminate them.
Effect of Termination
If you or PosterNerd terminates your use of the Web Site or PosterNerd Service, PosterNerd may delete any Content or other materials relating to your use of the PosterNerd Service on PosterNerd's servers or otherwise in its possession and PosterNerd will have no liability to you or any third party for doing so.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. Mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to PosterNerd, you must use the following address: 18621 81st Ave, Tinley Park, IL 60487. If PosterNerd provides notice to you, PosterNerd will use the contact information provided by you to PosterNerd. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication by "in writing" you agree that email communication will satisfy this requirement.
All disputes arising out of, relating to or connected with these TOS or your use of any part of the PosterNerd Service will be exclusively resolved under confidential binding arbitration held in Will County, Illinois before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Illinois law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Will County, Illinois, and each party hereby irrevocably submits to the personal jurisdiction of such court. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the PosterNerd Service must be asserted individually.
These TOS will be binding upon each party hereto and its successors and permitted assigns, and by governed and construed in accordance with the laws of the State of Illinois without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of PosterNerd. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding this subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and PosterNerd are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.
Changes To PosterNerd Terms and Conditions
PosterNerd reserves the right to modify or terminate the PosterNerd service for any reason, and without notice, without liability to you, or any other third party. We also reserve the right to modify these TOS from time to time without notice. You are responsible for regularly reviewing these TOS so that you will be apprised of any changes.
Portions of the content of this site ©Photodisc Inc. 1996; ©Corel Corporation 1997, 1998; ©Nova Development 1995-1998; ©IMSI 1990-1998; ©Hemera Technologies Inc., 1997-1998; ©Sierra On-Line Inc. 1997; ©Dover Pictorial Archive Series 1993; ©Dover Clipart Series 1993; ©Mindscape Inc. 1998. POSTERNERD.COM is a trademark and Graphicsland is a registered trademark of Graphicsland, Inc. Microsoft PowerPoint is a registered trademark of Microsoft Corp. Corel is a registered trademark of Corel Corp.
18621 81st Ave, Tinley Park, IL 60487
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