2. Terms & Conditions

These terms and conditions (“Terms & Conditions”) govern your access to and use of the Site and Services and your ordering of Products. Please read these Terms & Conditions carefully before accessing or using the Site or Services.

By accessing or using the Site or Services, you agree to be bound by these Terms & Conditions, and you confirm that you are of legal age to form a binding contract with PremiumPrintArt.com and that you have the authority to enter into these Terms & Conditions on behalf of yourself or the company or organization you are acting on behalf of (if so, “you” shall for the purpose of this Terms & Conditions also refer to the company or organization, where appropriate).

If you do not agree to be bound by all of these Terms & Conditions, do not access or use the Site or Services. Any contract that is entered into by ordering Services from PremiumPrintArt.com via the Site incorporates these Terms & Conditions. These Terms & Conditions are subject to and include our Privacy Policy and additional rules and guidelines available on the Site, such as with respect to Delivery Times, Shipping Countries, Card Quality and Prices.

PremiumPrintArt.com may terminate your right to access and/or use the Site or the Services if you violate the Terms & Conditions.

3. Changes to the Terms & Conditions

PremiumPrintArt.com may at any time change these Terms & Conditions without notice. PremiumPrintArt.com may also change or impose additional rules or guidelines that will be posted on the Site. Such changes become effective when posted on the Site and apply to your subsequent use of the Site and Services. The Terms & Conditions in place at the time of placing an order will govern the applicable order. PremiumPrintArt.com therefore recommends that you read these Term & Conditions in advance every time you order any Services from PremiumPrintArt.com.

4. Site Content

Any material presented on or incorporated into the Site, such as fonts, text, images, graphics, logos, user interfaces, audio clips, templates, document layouts, artwork, tools, and the scripts and software used to implement and provide the Services (the “Site Content”), is considered proprietary to PremiumPrintArt.com and/or the party from whom PremiumPrintArt.com has licensed the content, and is protected by applicable intellectual property laws.

PremiumPrintArt.com grants you a limited license to reproduce portions of the Site Content for the sole purpose of using the Site and Services for your personal or internal business purposes. You acknowledge and agree that you will not use the Site Content for any other purpose.

5. Customer Content

PremiumPrintArt.com does not claim ownership to Customer Content. However, by uploading Customer Content to the Site you grant PremiumPrintArt.com a fully paid up, royalty-free, worldwide, non-exclusive license to use the Customer Content to the extent necessary for the purpose of providing you with the Services. You also represent and warrant that you own and/or have obtained a license to the Customer Content, and that PremiumPrintArt.com is free to use, modify, publish, reproduce and distribute the Customer Content as part of providing the Services without obtaining permission or license from any third party.

You must not upload any Customer Content that contains anything that is threatening, harassing, defamatory, pornographic, obscene, showing any kind of child abuse, racially offensive, likely to incite hatred against any person or group or otherwise is criminal or offensive in the minds of reasonable people or in breach of any applicable law.

You warrant that the Customer Content you upload will be free from infection, viruses and/or other code that has contaminating or destructive properties.

If any Customer Content uploaded by you do not comply with these Terms & Conditions, we reserve the right to remove them with immediate effect without any obligation or liability to you.

6. Price and payment

The price of any Product is the price in force at the date and time of your order. Although we endeavor to keep prices accurate and up to date, sometimes errors do occur. If a price error has occurred, we will inform you of this as soon as possible.

Any transactions may be subject to sales tax based on the bill-to address or delivery address and the sales tax rate in effect at the time your transaction is completed or at the time of delivery.

You must pay for your Product order by using one of the payment methods available at the time of order. Payment will be taken in full at the time of the order.

PremiumPrintArt.com uses third party merchant services for collection and processing of purchase funds. By using PremiumPrintArt.com, user agrees to follow third party processing rules for use of payment services.

You warrant that all details you provide to us for the purpose of purchasing Products will be correct, that the credit card, debit card or PayPal account which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Products. We reserve the right to obtain validation of your credit card, debit card or PayPal account details before accepting your order.

7. Order and delivery

PremiumPrintArt.com may, without notice, cancel or otherwise make changes to any orders made via the Site, if the Products ordered are no longer available or upon your breach of these Terms & Conditions.

PremiumPrintArt.com will endeavor to process your order and manufacture your Products within three business days, however no specific time limit for processing, manufacturing and delivering your order is guaranteed.

PremiumPrintArt.com will deliver the Products to the delivery address stated by you at the time you make the order. PremiumPrintArt.com has the sole right to choose the carrier that will deliver your Products. Products ordered will be sent by regular post unless otherwise stated by PremiumPrintArt.com. Your order will be deemed delivered and title and risk of loss transferred to you upon delivery to the address stated in your order. We cannot guarantee that Products ordered will be shipped jointly or be delivered on time by the carrier.

Any electronic Products shall be deemed to have been delivered either at the time we transmit the electronic Product to you via email or any other electronic communication address provided by you.

8. Security

You are solely responsible for maintaining the confidentiality and security of your account and related password information. You are entirely responsible for all activities that occur on or via your account, and you agree to immediately notify PremiumPrintArt.com of any unauthorized use of your account or any other breach of security that you become aware of. PremiumPrintArt.com shall not be responsible for any losses arising out of the unauthorized use of your account.

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to upload your Customer Content. Anything you download in connection with the Services is downloaded and used by you at your own risk and you are solely responsible for any damage to your own computer system or loss of data which results from the download of any such material.

9. Indemnification

You agree that you shall indemnify and hold harmless PremiumPrintArt.com against all third party claims and demands, including liability, damages, costs, reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms & Conditions, (ii) your use of the Site, Services or Products, (iii) your violation of any third party intellectual property or other rights, or (iv) the Customer Content you have uploaded to the Site or incorporated into Products. You agree that the provisions in this section will survive any termination of these Terms & Conditions, your account or your access to the Site and/or Services.

10. Disclaimer

The Site and Services are provided on an “as is” and “as available” basis without representation, warranty or guarantee of any kind. PremiumPrintArt.com does not represent, warrant or guarantee that the Site and/or Services will be available or that it will be free from loss or corruption of data, or from viruses, interference, hacking or other security intrusion, and PremiumPrintArt.com disclaims any liability relating thereto.

11. Limitations of liability

PremiumPrintArt.com is not liable for the image quality of the Products. Products supplied may therefore differ from the preview on the Site, for instance in terms of sharpness, brightness or colors.

PremiumPrintArt.com is not liable for any loss of Customer Content provided by you, including the loss of any pictures uploaded by you.

PremiumPrintArt.com is not liable for any indirect or consequential loss or damages of any kind, including but not limited to loss of data, profit, revenue or business.

PremiumPrintArt.com’s liability is in all cases limited to the amount paid by you for the Services.

The above limitations of liability shall not apply in the event of willful misconduct or gross negligence by PremiumPrintArt.com. Furthermore, the above limitations of liability do not affect your mandatory statutory rights as a consumer and only apply to the extent permitted by mandatory law.

12. Assignment

PremiumPrintArt.com may assign any rights and/or transfer, sub-contract or delegate any obligations under these Terms & Conditions. Any purported assignment, transfer, sub-contracting or delegation by you shall be ineffective. These Terms & Conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.

13. No waiver

Our failure to insist upon or enforce your strict compliance with these Terms & Conditions will not constitute a waiver of any of our rights. No waiver by us related to any breach of these Terms & Conditions is valid except if given in writing. Any such waiver shall not constitute a consent to or excuse for any other or subsequent breach or act unless such waiver or consent is in writing signed by us.

14. No agency

No agency, partnership, joint venture or franchise relationship is implied, intended or created by these Terms & Conditions.

15. Entire agreement

These Terms & Conditions, together with any accepted order, are the whole agreement between us. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms & Conditions by reason of any misrepresentation that is not contained in the Terms & Conditions and any accepted order.

16. Severability

If any provisions in these Terms & Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible from the other provisions and shall be deemed to be deleted from them. The remaining portions of these Terms & Conditions will remain in full force and effect.

17. Privacy

We use your personal information in accordance with our Privacy Policy and Cookie Policy available on the Site. Please read it carefully as it includes important terms which apply to you.

18. Governing law

These Terms & Conditions are governed by the laws of Oregon. Any dispute which is not resolved amicably or by arbitration in accordance with Section 19 shall be subject to the exclusive jurisdiction of the state and federal courts located in Portland, Oregon.

This provision only applies to the extent this is not otherwise regulated in mandatory consumer protection laws of the jurisdiction in which you reside.

19. Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

In order to expedite and control the cost of disputes, PremiumPrintArt.com and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to your use of the Services or these Terms & Conditions (“Dispute”) will be resolved by arbitration if the parties are unable to reach agreement through negotiation of the dispute. This applies to all Disputes, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, even if the Dispute arises after the termination of these Terms & Conditions. Arbitration is a less formal proceeding than a lawsuit in a court, does not involve a judge or jury, and may allow for less discovery than in a court. An arbitration is conducted by a neutral arbitrator. An arbitrator can award the same types of relief that a court can, such as damages, but a decision from an arbitrator can be subject to very limited review by a court. YOU UNDERSTAND AND AGREE THAT YOU AND PREMIUMPRINTART.COM ARE HEREBY WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO JOIN AND PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER THE LAW.

Despite this arbitration agreement, both you and PremiumPrintArt.com will still be able to: (a) bring an individual action in small claims court; (b) bring an individual action seeking injunctive relief in a court of law; (c) bring suit regarding intellectual property infringement; and (d) bring issues to the attention of federal, state, or local agencies, which may result in legal action.

You have the right to opt out of this agreement to arbitrate by contacting info@remipub.com within thirty (30) days of first accepting these Terms & Conditions. In your request, please state that you decline the arbitration agreement in this Section, and provide your full name and the e-mail address you used to register for the Services. There is no penalty for opting out of this arbitration agreement.

In the event of a Dispute, you or PremiumPrintArt.com must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution, including any relief sought (a “Notice of Dispute”). You must send any Notice of Dispute by certified mail or Federal Express (signature required) to PremiumPrintArt.com at: PO Box 3164 Oregon City, OR 97045, and also via e-mail to info@remipub.com. PremiumPrintArt.com will send any Notice of Dispute to you by certified Mail or Federal Express (signature required) to your address if we have it, or otherwise to your e-mail address. You and PremiumPrintArt.com will attempt to resolve any Dispute through informal negotiation within thirty (30) days from the date the Notice of Dispute is sent. After thirty (30) days, you or PremiumPrintArt.com may commence arbitration.

To the fullest extent permitted under applicable law, any arbitration between you and PremiumPrintArt.com will be settled under the Federal Arbitration Act, and will administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules in effect at the time the Dispute is filed (the “AAA Rules”), as modified by these Terms & Conditions. Information about AAA and the AAA Rules and filing process is available at http://www.adr.org/ or by contacting PremiumPrintArt.com. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE FINAL EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU AND PREMIUMPRINTART.COM AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND NEITHER YOU NOR PREMIUMPRINTART.COM WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

Any arbitration hearing will take place in Portland, Oregon, in a location that you and PremiumPrintArt.com agree upon. If your claim is for $10,000 or less, however, it is your choice whether the arbitration is conducted: (a) by an in-person hearing under the AAA Rules in the county (or parish) of your billing address; (b) by a telephonic hearing, where the parties do not appear in person; or (c) by the submission of documents only, without an in-person or telephonic hearing. Regardless of how the arbitration is conducted, the arbitrator must issue a reasoned written description that explains the essential findings and conclusions on which the decision and any award are based. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. The parties must not disclose the amount of any settlement offer made by you or PremiumPrintArt.com to the arbitrator during the arbitration, until the arbitrator has made a final decision and award, if any. If the arbitrator finds in your favor, PremiumPrintArt.com will pay you the highest of: (a) the amount the arbitrator awards you, if any; (b) the last written settlement amount PremiumPrintArt.com regarding the Dispute before the arbitrator’s final decision and award; or (c) $1,000.

Whoever files the arbitration pays the initial filing fee, unless your claim is for $10,000 or less, in which case PremiumPrintArt.com will reimburse you for your payment of the initial filing fee. If your claim is for more than $10,000, the payment of any fees will be decided by the AAA Rules. At any time during the arbitration, the arbitrator may make rulings and resolve any disputes about the payment or reimbursement of fees or expenses; either party may also request a ruling on these issues within 14 days of the arbitrator’s ruling on the merits. If the arbitrator finds that the substance of your claim or your request for relief is frivolous or brought for an improper purpose (under the standard set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. If that happens, you agree to reimburse PremiumPrintArt.com for any amounts previously disbursed that are otherwise your obligation to pay under the AAA Rules.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE UNDER THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR IN AN ARBITRATION PROCEEDING. The one-year period begins when the events giving rise to the Dispute first occur. If a claim is not submitted within one year, it is permanently barred. This period can only be extended by the written consent of both parties. No statutes or provisions of law that would toll or otherwise affect the time in which a party may bring a claim shall operate to extend the period limited in this Section, and any such statutes and provisions are hereby waived, to the fullest extent permitted by law.

You have the right to reject any changes to this arbitration provision, except for a change to PremiumPrintArt.com’s contact information. You may reject a change by sending us written notice within 30 days. This will result in your account on the Site being immediately terminated. Note that this arbitration provision, as it was prior to the rejected changes, will remain in effect.

If the waiver of class actions above is found unenforceable, or this entire section is found unenforceable, then this entire section will be null and void. If that happens, you and PremiumPrintArt.com agree that the section above on exclusive jurisdiction and governing law will govern any Dispute.

20. PremiumPrintArt.com User Generated Content terms

You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Generated Content and that it will not infringe, misappropriate, use or otherwise violate any copyright or other intellectual property right of any third party, that the User Generated Content will not violate any privacy right of any third party, and that the User Generated Content are not unlawful, fraudulent, threatening, abusive, obscene or otherwise objectionable. You have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Generated Content for purposes of using it in any manner set out in these terms. If any identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from parents or guardian.

You agree to indemnify and hold PremiumPrintArt.com and their directors, officers, shareholders, employees, consultants, agents, representatives, affiliates, distributors, partners, licensees, producers, manufacturers and third-party users harmless from and against any and all claims, liabilities, causes of action, damages, losses and expenses (including, without limitation, attorneys’ fees) that arise directly or indirectly from your breach of these terms.