We welcome you to UtterPrints’s website, operated by Hummingbird International, a United States based company. The use of our website is governed by the following Terms and Conditions of Use which is a legally binding agreement between you and UtterPrints.com. We suggest you read it carefully before using UtterPrints.
PLEASE READ THESE TERMS OF SERVICE BEFORE USING UTTERPRINT.COM ("SERVICE"). THESE ARE THE TERMS AND CONDITIONS ("Terms") APPLICABLE TO THE PURCHASE AND SALE OF DESIGN RELATED SERVICES AMONG YOU ("Customer", "you" or "your") AND UTTERPRINT.COM. BY VISITING AND/OR USING UTTERPRINT.COM WEBSITE AND/OR ANY SUB-WEBSITE OF UTTERPRINT.COM YOUR USE OF THE SERVICE IS SUBJECT TO THESE TERMS OF SERVICE ("TERMS"). BY ACCESSING THE WEBSITE "UTTERPRINT.COM", ORDERING OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, YOU HEREBY AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN.
THE COMPANY RESERVES THE RIGHT TO CHANGE OR MODIFY ANY OF THE TERMS AT ANY TIME AND FROM TIME TO TIME AT ITS SOLE DISCRETION, AND TO DETERMINE WHETHER AND WHEN ANY SUCH CHANGES APPLY TO BOTH EXISTING AND FUTURE CUSTOMERS. THE COMPANY MAY MAKE CHANGES OR MODIFICATIONS TO REFERENCED POLICIES AND GUIDELINES WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE COMPANY´S POSTING OF ANY CHANGES OR MODIFICATIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS.
IF YOU DO NOT AGREE TO THE TERMS THEN YOU MAY NOT USE UTTERPRINT.COM. CONTINUED USE OF OUR WEBSITE CONSTITUTES OF AND IMPLIES YOUR ACCEPTANCE OF OUR TERMS.
IF YOU HAVE ANY QUESTION OR QUERIES REGARDING THE FOLLOWING TERMS AND CONDITIONS, YOU MAY INQUIRE AT THE EMAIL ADDRESS GIVEN AT THE END OF THE DOCUMENT.
These Terms and Conditions and any special conditions contains all of the terms and conditions pursuant to which Seller will provide the Goods and any services. The parties expressly exclude any terms and conditions which the Buyer includes in any purchase order, confirmation of order or other document. Any variation of these Terms and Conditions and the special conditions will only bind the Seller if agreed in Writing between authorized representatives of the Seller and the Buyer.
The Seller's employees are not authorized to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.
All Goods are offered for sale subject to availability and subject to the Seller's acceptance of the Order. The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation. The Seller has a policy of continuous product development and reserves the right to amend the specifications of any of the Goods without prior notice. Goods supplied may therefore differ as a consequence of multi-standard color systems, notably the international screen based color system of RGB and the print color system used by UtterPrints. The Seller endeavors to display and describe as accurately as possible the printed colors of the Goods which appear on its website, but cannot undertake to give any assurance that the colors of Goods supplied will exactly match those displayed on the Buyer's monitor.
The Buyer shall be responsible for all applicable taxes, including taxes applicable in the territory to which the Goods are sent. Payment must be made by credit card or debit card or by PayPal at the time of placing an Order, or a mutually agreed mode of payment, and which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force. The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. The Seller reserves the right to obtain validation of the Seller's credit card, debit card or PayPal details before accepting the Buyer's Order.
The place for delivery of the Goods will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) regular U.S. Postal Service. The Seller will endeavour to process the Order and manufacture the Goods within the time period stated for each item. However, because manufacturing time varies by item of Goods, the Seller reserves the right to combine items into one shipping package or to ship items separately. Each package will be sent separately by regular post, unless otherwise stated in the Order Confirmation. Any dates quoted for delivery of the Goods are estimates only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods however caused. The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. The Buyer may not reject the Goods or any part of them solely on the grounds of short delivery of an instalment. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer. The Seller reserves the right to make delivery of the Goods by instalments. If the Goods are to be delivered in instalments, each delivery will constitute a separate contract. The Buyer may not treat the Contract (as a whole) as repudiated if the Seller fails to deliver any one or more of the instalments or if the Buyer has a claim in respect of any one or more of the instalments. If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price. Goods may not be returned to the Seller except as provided in Section 8 below.
Risk of damage to or loss of the Goods will pass to the Buyer on delivery at the agreed address. Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.
The Buyer shall have the right to cancel any Order for Goods only in the following circumstances:
Notice of the wish to cancel must be made by email to the email address email@example.com. For the avoidance of doubt, save in respect of defect or defective goods, nothing in these Terms and Conditions shall give to the Buyer rights of cancellation in regard to the Goods which, by their nature have been made to the Buyer's specifications or are clearly personalised.
In the case of cancellation under Section 8(a) above, the Seller shall be responsible for all sums paid (including initial and re-delivery charges (if any)) in respect of the Goods in question. All items of Goods which are returned by the Buyer to the Seller must be returned in their original packaging (which the Buyer should retain for the purpose) and must be in an unused condition.
The Seller will not be liable for short delivery or defective Goods unless a claim is notified to the Seller in writing in accordance with Section 8(a) or, where upon reasonable inspection of the Goods, the Buyer should have become aware of such defect. The notification must include the Order confirmation number, delivery note number and details of the claim. In the case of a valid claim, the Seller may, in its sole discretion, replace the Goods (or the part in question). The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including (but not limited to), any strikes, lock-out or any industrial action, legislation, war, fire, flood, drought, inadequacy or unsuitability of any instructions, electronic file or data or materials provided by Buyer; failure of power supplies or equipment, government action or Act of God. During the continuance of such a contingency the Buyer may by written notice to the Seller elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
The liability of the Seller, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller's obligations in connection with the use of the information provided under the Contract, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser's customers; inventory or use charges; or incidental or consequential damages of any nature.
This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Contract. It is up to the Buyer to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
Where the Seller performs its obligations to rectify defective Goods under this condition the Seller shall not be liable for indirect loss, consequential loss or third party claims occasioned by defective Goods and the Buyer shall not be entitled to any further claim in respect of the Goods nor shall the Buyer be entitled to repudiate the contract, refuse to pay for the work or cancel further deliveries.
In no event will the Seller be liable to the Buyer or any other party associated with the Buyer from any direct, indirect, special or other consequential damages for any use of the UtterPrints.com website, or any other hyper linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on the Buyer's information handling system or otherwise, even if the Seller has been expressly advised of the possibility of such damages. THIS SERVICE IS PROVIDED "AS IS" AND "WITH ALL FAULTS". UTTERPRINT.COM AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Seller’s agent for notice of claims of copyright infringement on its site can be reached as follows:
668 Stony Hill Road,
Suite 11, Yardley, PA 19067
The Seller’s website UtterPrints.com contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). The Seller’s site UtterPrints and all Content are the copyrighted property of UtterPrints.com and/or its subsidiaries or the copyrighted property of parties from whom UtterPrints has licensed such property. All rights on UtterPrints.com and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms and Conditions. The Seller reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by the Buyer or the Seller remain the property of Seller and its licensors.
The business card design, logo design and other tools provided on UtterPrints.com employ a limited number of elements, including icons, fonts, color schemes, and design effects. UtterPrints.com reserves the right to use all such elements and to make all such elements available for use by other parties in the future. The Buyer does not obtain any right or claim to any of the individual logo design or business card design elements through the Buyer’s creation of a business card or logo design and/or incorporation of a design into one or more products. Other UtterPrints.com customers may use the design tools to create designs that have similar or identical combinations of these elements and UtterPrints.com does not guarantee that Buyer’s design will not have similarities to logos or business cards designed and used by other parties. UtterPrints.com provides no warranty of any kind that designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely Buyer responsibility to obtain the advice of an attorney regarding whether the design is legally available for Buyer’s use and does not infringe the rights of another party
Notice any notice given or made under the Contract must be in writing. A notice served on the Seller will be addressed as provided in Section 10(e) and on the Buyer at the address stated on the Order, and if so addressed, will be deemed to have been duly given or made as follows: if sent by personal delivery, upon delivery at the address of the relevant party; or if sent by first class post, two clear business days after the date of posting the Seller and the Buyer may notify each other of a change in their name, relevant addressee and address for the purpose of this Section and this notification will only be effective on: the date specified as the date on which the change is to take place; or if no date is specified or the date specified is less than five clear business days after the date on which notice is given, the date falling five clear business days after notice of any change has been given.
This Section will not apply in relation to the formal service of any court documentation or other document arising in connection with any disputes under the Contract. Governing Law and Jurisdiction the Contract shall be governed by and construed in accordance with the laws of the State of Delaware. The parties irrevocably agree that the courts of the State of Rhode Island have non-exclusive jurisdiction to settle any dispute which may arise in connection with the Contract.
If the Seller does not exercise a right or power when it is able to do so this will not prevent it exercising that right or power. When it does exercise a right or power it may do so again in the same or a different manner.
The rights of the Seller and the Buyer and remedies under the Contract are additional to and not in derogation of, any other rights and remedies they may have at law.
If any term or provision in the Contract is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Contract in its entirety, and the remainder of the Contract shall survive with the said offending provision eliminated.
Because public networks, such as the internet, occasionally experience disruptions, the Seller cannot guarantee the UtterPrints.com website will be available 100% of the time. Although the Seller strives to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and the Seller disclaims any liability for damages resulting from such problems.
Information on UtterPrints.com website may contain technical inaccuracies or typographical errors. The Seller attempts to make its descriptions as accurate as possible, but does not warrant that the content of the UtterPrints website is accurate, complete, reliable, current, or error-free.
A link to a non-UtterPrints.com website does not mean that the Seller endorses or accepts any responsibility for the content or the use of such website. It is up to the Buyer to take precautions to ensure that whatever it selects for its use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
All Sections and section headings are for convenience of reference only and shall not affect the interpretation of the Contract.
In registering for a UtterPrints.com user name, the Buyer acknowledges and represents that he/she is an individual of at least 18 years of age who can form legally binding contracts under applicable law. The Buyer agrees to keep the user name and password confidential. The Buyer further guarantees that the information supplied to the UtterPrints.com website is accurate. Falsifying or omitting contact information such as a member's name, address, and/or telephone number when registering with UtterPrints.com is not permitted. Users are also not permitted to use fax or disconnected numbers as a telephone number. When using this website the Buyer must obey all applicable international, federal, state, and local laws.
The Seller, in its sole discretion, may terminate the Buyer's user registration for violating any UtterPrints policies. The Buyer agrees that breach of any of the terms in the Contract may also result in the immediate termination of the Buyers user registration and/or give rise to civil action against the Buyer.
The Seller reserves the right at any time with or without the Buyer's prior consent and without liability to the Buyer in that regard to delete from the UtterPrints.com website all personal information, data, text, files, images and all other materials of the Buyer and to prevent the Buyer from obtaining access to any such data. In particular, it is the absolute policy of the Seller to reject any materials which, at the Seller's sole discretion, it considers to be obscene, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).
The Buyer agrees to indemnify the Seller and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from the Buyer's submissions to the Seller's website, and/or from the Buyer's unauthorised use of material obtained through the Seller's website, and/or from the Buyer's breach of the Contract, or from any other loss or damage of whatever kind suffered by the Seller caused by the Buyer's use of the Seller's website.
The Seller reserves the right to make changes from time to time to the nature of and/or the way in which it provides its services under contracts with Buyers and, in consequence, to make variations and amendments to the UtterPrints policies. Buyers who use the Seller's services on a regular basis should check the relevant links regularly before placing Orders.
For any questions concerning these Terms and Conditions of Use should be directed to:
UtterPrints.com Legal Department
668 Stony Hill Road,
Suite 11, Yardley, PA 19067