DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. GOODWILL PRINT SHOP DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GSC - INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") - BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR PRODUCTS OR SERVICES SOLD THEREON OR FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDERED FROM GOODWILL PRINT SHOP, WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE COVERED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO UPRINTING.COM FOR THE REQUEST.
Indemnification
You agree to defend, indemnify and hold harmless the Covered Parties (as defined above) from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to (A) your use of the Site, (B) your breach of the Terms & Conditions, (C) your dispute with another user, (D) the unauthorized access to any password-protected area of the Site using your password, (E) any image or content being reproduced as part of your order; (F) any alleged or actual infringement, misappropriation or violation of intellectual property rights by any image, content or other materials provided by You in connection with the Site, and (G) circumstances where user uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in GOODWILL PRINT SHOP’s sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a suit or court action brought against for actions of the user or user's employees which may occur as a result of any mailing service including mailing list rentals. If using the Site on behalf of a Third Party (as described below), you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any Third Party.
Third Parties
If you use this Site to submit Requests for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use as well as for any Request submitted, including related fees, charges and performance obligations. In addition, you must inform the Third Party of all Terms & Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto. GOODWILL PRINT SHOP may sublicense the rights that you grant it in this Section to a third-party subcontractor only for purposes of operating the Site, providing the product and services, processing your order, and producing and shipping your products.
User Social Media Content License
GOODWILL PRINT SHOP may reach out to social media users to seek their permission to feature our favorite social media content including photos, text, graphics, audio, video, location information, comments and other materials from such social media sites (“User Social Media Content”) on our Site and promotional materials. If you choose to allow us to use your User Social Media Content, you agree to the following User content license:
You hereby grant to GOODWILL PRINT SHOP a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Social Media Content including photos, text, graphics, audio, video, location information, comments and other materials from social media sites in any manner to be determined in GOODWILL PRINT SHOP’s discretion, including but not limited to on webpages and social media pages operated by GOODWILL PRINT SHOP, e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. GOODWILL PRINT SHOP may use, display, produce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Social Media Content in any manner in our sole discretion, with no obligation to you whatsoever.
You grant GOODWILL PRINT SHOP the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Social Media Content.
You hereby agree and represent and warrant that (i) you are solely responsible for your User Social Media Content, (ii) you own all rights in and to your User Social Media Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Social Media Content, (iii) you are not a minor, (iv) GOODWILL PRINT SHOP’s use of your User Social Media Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Social Media Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
You acknowledge and agree that You will make no monetary or other claim against GOODWILL PRINT SHOP for the use of the User Social Media Content. You waive the right of prior approval for the use of the User Social Media Content. You acknowledge and release GOODWILL PRINT SHOP and its assigns, licensees, and successors from all claims that may arise regarding the use of the User Social Media Content including, but not limited to, any claims of defamation, invasion of privacy, or infringement of moral rights, rights of publicity, or copyright. GOODWILL PRINT SHOP is permitted though not obligated, to include your name as a credit in connection with the use of the User Social Media Content.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall become and remain the exclusive property of GOODWILL PRINT SHOP. The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.