Terms & Conditions
December 29, 2021 2022-06-26 22:22Terms & Conditions
TERMS AND CONDITIONS
Last updated: 6/25/2021
Welcome to Flixprints (“Company”, “we”, “our”, “us”)! These Terms of Service (“Terms,” “Terms of Service”) govern your use of our Website located at https://flixprint.com/ (together or individually “Service”) operated by Flixprints.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our web pages. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Your Agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements and agree to be bound by them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at customerservice@flixprint.com so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use Service.
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including but not limited to your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or another payment method (s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.
We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Orders to countries outside the EU may be subject to VAT, import duties, and/or taxes, which are estimated when the parcel reaches the destination country. To clear customs, these charges have to be paid by the customer. Please contact local customs for further information!
Items are made to order; flixprint.com does not offer refunds or exchanges. Any claims for misprinted or damaged or otherwise defective items must be submitted within 30 days after the product has been received.
Our commitment is to deliver the most acceptable possible quality product. Occasionally, it may be necessary to replace or refund an order damaged during processing or in transit.
Notify our customer service department (no later than 24 hours after accepting delivery) about any damage. The damaged order must be returned for inspection before a refund or replacement can be issued. Digital photo of the damaged order must be emailed to customerservice@flixprint.com
We will not be responsible for damage not reported within the 24-hour time frame or for damage caused by the customer or a third party.
Conditions that are not acceptable reasons for replacement or refund include but are not limited to differences in color tones or hues than expected. Damage that occurs due to mishandling, direct exposure to sunlight, heat, and moisture will not be refunded. Please handle your prints carefully.
Notification for EU consumers: According to Article 16(c) and (e) of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the right of withdrawal may not be provided for:
– the supply of goods that are made to the consumer’s specifications or are clearly personalized;
therefore flixprint.com reserves rights to refuse returns at its sole discretion.
We employ the use of cookies. By accessing Flixprints, you agreed to use cookies in Agreement with Flixprints’s Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our Website to enable the functionality of certain areas to make it easier for people visiting our Website. Some of our affiliate/advertising partners may also use cookies.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions, and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
13.1. In any way that violates any applicable national or international law or regulation.
13.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
13.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
13.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
13.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
13.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
13.7. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real-time activities through Service.
13.8. Use any robot, spider, or other automatic devices, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
13.9. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
13.10. Use any device, software, or routine that interferes with the proper working of Service.
13.11. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
13.12. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
13.13. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
13.14. Take any action that may damage or falsify Company rating.
13.15. Otherwise, attempt to interfere with the proper working of Service.
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this Agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
Service and its original Content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Flixprints and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or Service without the prior written consent of Flixprints.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Flixprints.
Flixprints has no control over and assumes no responsibility for the Content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER, IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
These Terms shall be governed and construed in accordance with the laws of Latvia, which governing law applies to Agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire Agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at customerservice@flixprint.com.
Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
Therefore:
6.1. You are fully responsible for the Content and the quality of pictures and/or graphics uploading to the site.
6.2. You should have the full rights to the pictures/graphics that are submitted.
6.3. You should respect third party intellectual property and not violate any copyrights that belong to any third party.
6.4. You understand and accept that flixprint.com will not examine the Content of the files submitted to the web site and will not be held liable for it.
6.5. You will not submit any files for which you do not have the permission of the owner’s copyright, included but not limited to: logos, trademarks, intellectual property, confidential material, and patents.
6.6. You do not plan to sell, distribute, or copy any material you have submitted for commercial use without having full permission from the original owner.
6.7. If you submit, knowingly or unknowingly, copyright protected media for which you do not have permission to use, you will take full responsibility for any claims or legal consequences that may occur and will not hold flixprint.com liable or responsible for your actions in any way.
6.8. You agree to indemnify flixprint.com employees, agents, contractors, and subcontractors or anyone that represents flixprint.com from and against any and all expenses, liabilities, losses, or damages incurred and any claims or legal proceedings brought against flixprint.com or arising from the use of or conduct on the flixprint.com web site.
6.9. You agree not to upload any files which are illegal; suggest criminal activities; contain instructions for illegal, criminal, or terrorist activities; contain pornography.
6.10. We accept artistic partial and full nudity photography, reserving the right to decline pictures if the subject and composition are considered pornographic, obscene, or otherwise unsuitable and reserve the right to decline to produce any order at any time for any reason.
6.11. You agree not to upload anything that contains the infected file(s), viruses, computer worms, spyware, malware, or any file that might harm, malfunction, or interrupt software, hardware, or providing Service.
6.12. Orders are processed according to specifications submitted by the customer and are handled on a first-come, first-served basis.
6.13. You will provide the exact name, billing address, delivery address, and telephone number.
6.14. You understand that incorrect information may cause a delay in processing orders.
6.15. You agree to pay in full for the services obtained from the flixprint.com web site.
6.16. Price quotes are automatically generated according to the specifications.
6.17. Converting of Currency is done according to the respective Exchange rate of the day.
6.18. You understand that flixprint.com will protect privacy and personal information and will not sell or rent any of your information to any third party.
6.19. You agree that flixprint.com reserves the right to refuse to provide the services on its web site for any reason using their sole and only discretion.
You retain any, and all of your rights to any Content you submit, post, or display on or through Service, and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.
Flixprints has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Flixprints or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Unless otherwise stated, Flixprints and/or its licensors own the intellectual property rights for all material on Flixprints. All intellectual property rights are reserved. You may access this from Flixprints for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
• Republish material from Flixprints
• Sell, rent, or sub-license material from Flixprints
• Reproduce, duplicate, or copy material from Flixprints
• Redistribute Content from Flixprints
This Agreement shall begin on the date hereof.
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of any third party rights.
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this Website is correct; we do not warrant its completeness or accuracy; nor do we promise to ensure that the Website remains available or that the material on the Website is kept up to date.
We may use third-party Service Providers to monitor and analyze the use of our Service.
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
We reserve the right to refuse Service, terminate accounts, remove or edit Content, or cancel orders in our sole discretion.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to customerservice@flixprint.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
You may provide us either directly at customerservice@flixprint.com or via third-party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other rights, title or interest in or to the feedback; (ii) Company may have developed ideas similar to the feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party, and (iv) Company is not under any obligation of confidentiality with respect to the feedback. In the event the transfer of the ownership to the feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) feedback in any manner and for any purpose.
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
Please send your feedback, comments, requests for technical support by email: customerservice@flixprint.com.
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