Before using the Print for Progress (“PFP”) website and service (collectively, “Service”), please carefully read the following Terms and Conditions of Use (“Terms”). By using the Service, you (“User”) agree to these Terms and acknowledge that (i) such Terms constitute a binding agreement between User and PFP; (ii) any violation of these Terms may result in termination of the Service to User; and (iii) PFP has the right to change these Terms at any time, for any reason, and without notice and therefore it is the responsibility of User to refer to the Terms periodically for any changes.
Terms and Conditions of Use
1. Copyright Notice
A. The Service and all associated information, content (including text, graphics, logos, icons, images, audio clips, digital downloads, data compilations), software, and other material provided or otherwise offered to User by PFP is (i) the exclusive property of PFP (or is licensed to PFP by a third party); (ii) is protected by copyright and other relevant laws; and (iii) may not be reproduced, duplicated, copied, or distributed by User without the owner’s prior written consent.
For avoidance of doubt, the compilation of all content of the Service is the exclusive property of PFP, with copyright authorship for such compilation being PFP, and is protected by copyright law.
B. In addition to protecting its own rights, PFP is committed to protecting the rights of others. Before User may use certain types of material (including, but not limited to, photographs, graphic designs, and artistic works), User is required by copyright law to own the right to, or to obtain permission to use, such material before submitting to the Service.
User is solely responsible for any copyright violations that it may incur as a result of its use of, and other activities associated with, the Service.
C. If you believe that your work, or the work of another, has been copied in a way that infringes copyright law, please contact PFP at the following address and provide all relevant details:
Print for Progress, LLC
PO Box 2521
Columbus, OH 43216
2. Compliance With Laws
User is solely responsible for compliance with all federal, state, and local laws, including but not limited to those pertaining to elections/political campaigns, financing thereof, and intellectual property. In no way shall PFP be liable for User’s failure to comply with such laws.
3. User Account
Use of the Service is at User’s sole risk. Therefore, before opening an account, it is User’s responsibility to ensure that any information, services, or products available through the Service will meet User’s specific needs and requirements.
By opening an Account:
A. User agrees that all agreements (including these Terms), notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
B. User warrants that (a) User is at least 18 years of age; (b) the personal information provided (such as name, mailing address, and email address) to set up User’s account is true, accurate, current, and complete; and (c) User’s account and use of the Service will not be for fraudulent or unlawful purposes.
C. User understands and agrees that (i) PFP may terminate an account set up in violation of any of the aforementioned warranties; (ii) PFP reserves the right to terminate an account that has been inactive for more than 365 days; and (iii) if an account is terminated, use of the Service will be terminated, and PFP reserves the right to remove and discard (at any time and without notice) all information, material, and other content submitted by User, or otherwise made available by User, through the Service.
D. User understands and agrees that PFP reserves the right to access User’s account for reasons that include: (i) reminding User of a password; (ii) maintaining the Service and/or developing new and useful features and services; and (iii) following a court order, subpoena, complaint or a lawful request from governmental authorities, or to otherwise comply with applicable laws.
5. Use of Service
User is solely responsible for all materials submitted to, created using, or produced through the Service; and in no way shall PFP be liable for the content of such materials.
By using the Service:
A. User warrants that it owns the rights of privacy, publicity, and/or intellectual property (including, but not limited to, copyright and trademark) to all materials submitted to, created using, or produced through the Service, or has obtained proper authorization from the rightful owner of such rights.
B. User grants to PFP a perpetual, universal, non-exclusive, royalty-free right to use, copy, display, modify, transmit, make derivative works of, and distribute all materials submitted to, created using, or produced through the Service, solely for the purposes of providing or improving the Service to User.
C. User warrants that it will not use the Service to upload, create, or produce material that:
(i) is abusive, threatening, obscene, pornographic, profane, or otherwise inappropriate;
(ii) could infringe rights of privacy, publicity or intellectual property of others;
(iii) contains viruses, worms, corrupt files, Trojan horses, or other forms of corruptive or deceptive code (collectively, “Corruptive Code”);
(iv) hacks, destabilizes, or adapts the Service, or alters another website to falsely imply it is affiliated with the Service; or
(v) could give rise to any civil or criminal liability under applicable law (including, but not limited to, election/campaign, campaign finance, or intellectual property law).
D. Although PFP does not and will not examine or otherwise review all material submitted to, created using, or produced through the Service, User understands and agrees that PFP reserves the right to (at any time and without notice) delete, move, edit, or refuse to fulfill an order for materials that it, in its sole discretion, reasonably deems to be in violation of any of the aforementioned warranties.
E. Although it will be presumed that all materials submitted and created by User do not violate intellectual property laws, PFP reserves the right to require User to provide confirmation of User’s intellectual property ownership or authorization and may refuse to fulfill an order before such confirmation is received. User understands and agrees that if PFP requests, but does not receive, such confirmation, or if PFP is made aware of claims of intellectual property infringement, PFP reserves the right to share certain User information with governmental organizations or other third parties. PFP will make reasonable efforts to share with User the contact information of any party claiming intellectual property infringement by User.
F. User understands and agrees that (i) PFP reserves the right to (at any time and without notice) remove and discard all information, material, or other content submitted to, created using, or produced through the Service; (ii) the Service is not a repository for such information, material, or content, and it is therefore User’s sole responsibility to (on User’s personal system) preserve, or make back-up copies of, all such information, material, or content; and (iii) while PFP may, at its sole option, make such information, material, or content available to User for a limited period of time, User should not expect or rely upon such availability.
6. Disclaimer of Warranties
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, PFP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE CONTENT, SOFTWARE, INFORMATION, AND/OR MATERIALS AVAILABLE THROUGH PFP’S SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
PFP MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICE WILL MEET USER’S REQUIREMENTS.
PFP MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OBTAINED, OR ADVERTISED THROUGH THE SERVICE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED, PRINTED, OR OTHERWISE OBTAINED THROUGH THE SERVICE IS AT USER’S DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL PFP, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, AND AGENTS (COLLECTIVELY "PFP AFFILIATES"), HAVE ANY OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO USE OF THE SERVICE, EVEN IF PFP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO USER THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
USER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS PFP AND PFP AFFILIATES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY USER OR BY ANY OTHER PERSON ACCESSING THE SERVICE THROUGH USER’S ACCOUNT.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or in relation to the Service or these Terms must be brought, if at all, within one (1) year after such claim or cause of action arose, or be forever barred.
10. Governing Law
The parties agree that the state and federal courts of the State of Ohio are the exclusive forum and venue for resolving any and all disputes arising out of or otherwise relating to the Service and these Terms. User hereby consents to jurisdiction and venue in the state and federal courts located in Franklin County, Ohio.
A. Assignment. User may not assign its rights and responsibilities hereunder. However, PFP may assign its rights and responsibilities hereunder without notice to User.
B. Shipping. All items ordered through the Service are made pursuant to a shipment contract wherein the risk of loss and title for such items passes to User upon delivery of such items to PFP’s designated carrier. PFP reserves the right to ship partial orders (at no additional cost to you).
C. Third-Party Software and Websites. As a convenience to User, PFP may make third-party software available to User through the Service. However, any use of such software will be subject to licenses, warranties, and/or terms and conditions imposed by the third party provider. User understands that it must first agree to any such third-party licenses, warranties, and/or terms and conditions, and that such agreement will be between User and the respective third-party provider. Therefore, it is User’s sole responsibility to become familiar with any third-party software and associated licenses, warranties, and/or terms and conditions. User also understands that PFP makes no representations or warranties concerning, and is not liable or responsible in any manner for, any performance, effectiveness, or other aspect of such third-party software.
D. Severability. If any part of this Agreement is held to be invalid or unenforceable, the parties agree that (i) to the extent possible, the invalid or unenforceable provision should be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision; and (ii) the remainder of the Agreement should remain in full force and effect.
E. No Waiver. The failure of PFP to exercise or enforce any Term will not constitute a waiver of such Term.
F. Submission of Unsolicited Ideas. While PFP appreciates the interest of Users in improving the Service, before submitting any ideas or comments regarding improved or new products/services, please be aware that any unsolicited ideas or comments submitted to PFP or any of its employees automatically become the property of PFP. By submitting such unsolicited ideas or comments to PFP, User automatically forfeits its right to the intellectual property of such ideas or comments.
G. Entire Agreement. These Terms constitute the entire agreement between User and PFP with respect to the Service, and supersede all other communications, written or oral, with regard to the Service. In case of inconsistencies between these Terms and any information included in off-line materials (such as promotional materials), these Terms will control. PFP may amend these Terms at any time, for any reason, and without notice.