THIS SITE IS ONLY AUTHORIZED FOR USE BY RESIDENTS OF THE UNITED STATES OF AMERICA AND THE PROVINCES OF CANADA.
RPI Print, Inc. (together with its current and future corporate affiliates, “we,” “us,” “our”) provides software and online, collaborative, personal print on-demand and other printing and self-publishing services through one or more websites that we operate (each referred to as a “Site” and together referred to as the “Sites”). Our Sites allow our customers to create, design, layout, print, and publish professional-quality printed books and publications, including digital versions thereof, and also software and personal print-on-demand services that allow our customers to create and print professional-quality framed art, fine art prints, gifts and other products (collectively, “Products”) and any other features, content, applications, or services offered from time to time by us in connection with the Site(collectively, the "Services").
These Terms and Conditions ("Agreement") set forth the legally binding terms for your use of the Services and our Sites. By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Services, or you are a "Member" (which means that you have registered with the applicable Services and set up an account (“Account”)). The term "User" refers to a Visitor or a Member.
BY USING THE SITE ON WHICH THIS AGREEMENT IS POSTED OR THE SERVICES, YOU AGREE TO FOLLOW AND BE BOUND BY THIS AGREEMENT AND THE PRIVACY POLICY FOR THE SERVICES THAT YOU ARE USING, WHICH IS HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT AND THE APPLICABLE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.
NOTE: THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO THE DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.
Additional Terms. In order to participate in or receive certain Services, you may be required to download software or content and/or agree to additional terms and conditions. Visitors to some of our Services can also become registered members of the community for those Services; for those Services, your participation in the community may be subject to additional terms and conditions. Some of our Services will allow you to use one or more applications for your app-enabled mobile device ("App"). Your use of these Apps may be subject to additional terms and conditions. Where use of Services, participation in one of our online communities, or use of an App is subject to additional terms and conditions, you will have an opportunity to review such additional terms and conditions, those additional terms are hereby incorporated into this Agreement, and your agreement to them will be required for you to use the applicable Services, participate in the online community or use the App. If there is any inconsistency between this Agreement and any such additional terms and conditions that are made available to you, this Agreement will control except that the additional terms and conditions will control with respect to the Services, online community, or App that they govern. To the extent there is a conflict between the terms in this Agreement and the terms and conditions posted for a specific Service, online community, or App, the latter shall have precedence with respect to your use of that specific Service, online community, or App.
Amendments. We may modify any of the terms this Agreement from time to time and such modification shall be effective: (1) for Users who first use the Services after we post the modified terms on the Site; (2) for existing Users, thirty (30) days after we post the modified terms on the Site; or (3) for existing Members, if the modifications to the Agreement are material, thirty (30) days after we send an e-mail containing a notification of such modifications and the continued use of the Services by the Member thereafter, which shall constitute the Member’s acceptance of the amended Agreement. If you do not agree to the modification, you must cease your use of the Services.
1. Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are in the U.S. and thirteen (13) years of age or older, or, outside of the US, you are of the age of majority in your relevant jurisdiction; and (d) your use of the Services does not violate any applicable law or regulation. Your Account may be deleted without warning if we believe that you are in the U.S. and younger than thirteen (13), or, outside of the US, not of the age of majority in your relevant jurisdiction.
2. Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may delete your Account and end your membership at any time, for any reason by our customer support team at madebyphoto.com. WE MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME AND FOR ANY REASON, EFFECTIVE UPON SENDING NOTICE TO YOU AT THE THEN-CURRENT E-MAIL ADDRESS IN YOUR ACCOUNT PROFILE. Even after any termination, Sections 3 (Fees), 4 (Conditions of Sale), 7.1 (Definitions of Content), 7.2 (Ownership of Your Content), 8 (Your Content and Activity), 11.3 (Disclaimers) through 23 (International Provisions) of this Agreement will remain in effect. You understand that termination of this Agreement and your Account involves deletion of your profile information from our live databases, as well as any Content that you uploaded to the Site using such Account. We will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.
3. Fees. You acknowledge that we reserve the right to charge for Services and to change our fees from time to time in our discretion, upon posting on the Site. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to us as set forth on the Site. All prices on the Site and for the products are in US dollars and we only accept payment in US dollars. If you initiate payment for any products or Services in currency other than US dollars, the payment will be converted to US dollars using the applicable exchange rate that is quoted in the Wall Street Journal as of the date your order is submitted to us.
4. Conditions of Sale.
4.1 Eligibility; Credit Card Terms. To order any Products from a Site, you must be at least eighteen (18) years of age, or at least the applicable age of majority in your jurisdiction, whichever is older. You will be required to give us a valid credit card number (VISA, MasterCard, American Express, or any other issuer then accepted by us) and associated payment information at the time you order any products from the Site, including all of the following: (i) your name as it appears on the card; (ii) the credit card type; (iii) the date of expiration of your credit card; (iv) billing address; and (v) any activation numbers or codes needed to charge your card. We currently do not accept cash, checks, or any other payment form, although in the future we may change this policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before we invoice the credit card for all amounts due and payable. By providing us with your credit card number and associated payment information, you agree that we are authorized to immediately invoice your account for all fees and charges due and payable to us as a result of your purchase of any products. You agree to immediately notify us of any change in your billing address or the credit card used for payment hereunder. We reserve the right, at any time, to change our prices and billing methods for products sold, either immediately upon posting on the Site, or by e-mail delivery to you.
4.2 Fees and Charges. You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use, or value-added taxes, unless, in cases where you intend to resell or redistribute your product(s), you provide us with sufficient evidence that the order and purchase is made solely for the resale or redistribution of the product your ordered to your customers) at the rates in effect when the charges were incurred. We may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions where it deems it is required. When you order products from any of our Sites for delivery outside of the United States, you may be subject to import duties and taxes, which are levied when the package with the products arrives at the destination that you specify in your order. Due to the local customs-collection process this may result in a later delivery time than originally estimated on our shipping page. Any local duties, customs, and taxes that apply must be paid by you upon delivery, as we have no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your products to get more information. Please also be aware that you are considered the importer of record and must comply with all laws and regulations of such country.
4.3 Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement, or such dispute will be deemed waived. Billing disputes should be notified to the following address: RPI Print, Inc., 3325 S. 116th St., Suite 161, Tukwila, WA 98168. If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by us or our agents.
4.4 Returns. All sales of products are subject to our then-current return policies, as posted on the Site at https://www.madebyphoto.com/returns.
5. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We further reserve the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by us upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.
6. Password. When you sign up to become a Member, you will be asked to choose a username and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.
7. Your Products and Content.
7.1 Definitions. "Content" includes text, files, design templates, images, photos, video, sounds, works of authorship, and other material. Your "Product Content" includes Content that you include in any Product, submit to us for Products and Services (including print services), or as permitted by the applicable Site and Services, that you contribute to the Products of other Members. WE HAVE NO OWNERSHIP OF ANY OF YOUR PRODUCT CONTENT, OR ANY OF YOUR CONTENT THAT IS USED FOR ANY OTHER PRODUCT.
7.2 Ownership of Your Content. You represent and warrant that: (i) you own or otherwise have the right to grant the licenses set forth in this section for the Product Content, or for any other Product that you provide to and post on the Services, contribute to other Members (to the extent permitted by the applicable Site and Services), or provide for our Services to have them printed in a Product; and (ii) your Content for any Product does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity.
7.3 Submission of Content. You must submit your Content to us by providing us the applicable Content in a format that meets the specifications required by us on the applicable Site.
7.4 License. In order for us to be able to provide you with our Services, and under all of your rights and interests in and to your Content, including your copyrights, moral rights, likeness rights, personality rights, and any other intellectual property or proprietary rights whatsoever, you hereby grant to us a non-exclusive, worldwide, fully-paid, and royalty-free license (a "License") to reproduce and distribute your Content for all Products for the purpose of printing the Products that you order, and for any other purpose related to our Site, including without limited for the marketing, promotion, and redistribution of our Services in all forms and mediums, both now known or hereafter developed(including the use by other Members as a contribution to their Products, to the extent permitted by the applicable Site and Services). You agree that we reserve the right to maintain the electronic files for any Content and Product to fulfill any further orders which may be placed for such Products and to maintain an archival copy of the printed Products.
8. Your Content and Activity. You are solely responsible for any and all Content for all Products, and any other Content that is posted by or through your Account on any Services (including any Content that you may have received by third parties through the applicable Site and Services) including any e-mail, or included in Products submitted by you for print services, and for your interactions with other Users. You agree that we retain the right to create limits on our archiving of such data, including but not limited to the right to delete such data after a certain period without a purchase or to charge for extended storage of such data.
8.1 Prohibited Content. YOU MAY NOT INCLUDE ANY REFERENCE THAT DIRECTLY OR INDIRECTLY SUGGESTS OR IMPLIES THAT WE ARE THE PUBLISHER OF THE PRODUCTS THAT YOU CREATE USING THE SERVICES. You agree that you will not post, submit for print services, or otherwise provide to the Services, any Prohibited Content. "Prohibited Content" includes any Content that: (i) is offensive, pornographic, or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individuals; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of "junk mail," "chain letters," unsolicited mass mailing, or "spamming,"; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous; (v) promotes, reproduces, performs, or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (vi) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under thirteen (13); (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (x) violates any applicable law (that is, in connection with any jurisdiction relevant to you, us, or your Content), including, but not limited to laws and regulations governing hate speech, child pornography, export control, unfair competition, anti-discrimination, and false advertising; (xi) involves commercial activities that are detrimental to our interests; (xii) involves commercial activities or content that harms buyers and/or affects the reputations of others, including but not limited to our distributors, as determined in our sole discretion; (xiii) features a photograph of another person without that person’s permission; or (xiv) otherwise violates this Agreement or creates liability for us. Such content prohibited from selling via third-party channels may include: (i) summaries, workbooks, or similar content for which permission from the original author has not been obtained; (ii) books which have more than 10% of blank pages, including journals, notepads, planners, and publications with similar repetitive, low content; (iii) books or content that mirrors or mimics popular books (for example similar covers, titles, author names, or content); (iv) books that mislead or are likely to cause confusion to the buyer, including without limitation, inaccurate descriptions and cover art, pixelated images, unreadable text, or trimmed content; (v) books or other products listed at prices which do not reflect the book’s or product’s market value; (vi) books scanned from original versions where parts contain illegible content; (vii) books created using artificial intelligence or automated processes including but not limited to content scraped/collected from Wikipedia, or other online sources and publications, content that violates rights of publicity, public domain titles that are too similar to existing versions of the same title available via other retail sites. WE RESERVE THE RIGHT TO REFUSE TO PRINT OR PRODUCE ANY PRODUCT THAT CONTAINS CONTENT THAT WE DETERMINE (without relating any obligation on us to monitor for the same) IN OUR SOLE DISCRETION IS PROHIBITED CONTENT, and you agree to indemnify and hold us and our subsidiaries, affiliates, officers, employees, suppliers, service providers, and partner companies harmless for any claims, losses, liabilities, and expenses arising out of or relating to any breach of this section.
8.2 Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
8.3 Member Interaction. You will not use (a) the Services and (b) any information obtained from the Services in order to harass, abuse, send Spam to, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
8.4 No Disruption. You will not create an undue burden on the Services or the networks or services connected to the Services; or (iii) introduce software or automated agents to the Services, generate automated messages, or to strip or mine data from the Services.
8.5 Miscellaneous. You will not attempt to impersonate another User or person, including any of our employees. You will use the Services in a manner consistent with any and all applicable laws and regulations.
8.6 Enforcement by Us. We have the right (but not the obligation) to review any Content and delete any Content that in our sole judgment violates this Agreement; is Prohibited Content, is illegal, violates the rights, harms, or threatens the safety of any User or any other person; or creates liability for us, or our suppliers, service providers, partner companies, or any User. We reserve the right (but have no obligation) to investigate and take action in our sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Prohibited Content from the Services, terminating your membership, reporting you to law enforcement authorities, and taking legal action against you.
8.7 Enforcement by You. As set out in Section 8.6, we have no obligation to review or delete any Content and provide Services that, notwithstanding this Agreement and any other efforts, may be misused by Users. If you believe that any Content violates this Agreement; is Prohibited Content; is illegal, violates the rights, harms, or threatens the safety of any User or any other person, you should notify us at support@mdby.com.
9. Copyright Policy. It is our policy to terminate membership privileges of any Member who infringes copyright upon prompt notification to us by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services or used in any Product in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
Reischling Press, Inc,
Attn: Copyright Agent
3325 S. 116th
Tukwila, WA 98168
General Support
10. Third Parties and Other Users.
10.1 Third Party Content. Content from other Users, advertisers, and other third parties is made available to you through the Services. Because we do not control such Content, you agree that we are not responsible for any such Content, including advertising and information about third party products or services. Because we do not have control over such Content, we make no guarantees about the accuracy, currency, suitability, or quality of such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
10.2 Responsibility. Your interactions with other Users or third parties, or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the other User, the advertiser, or third party. The foregoing also applies to any interaction between Members, including as applicable and permitted by the Site and Services, in the course of using the Services’ functionality to make contributions to the products of other Members and to receive contributions from other Members to your own Products. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions and dealings listed in this section or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved; however, we reserve the right to monitor disputes between you and other Users.
10.3 Third-Party Links. The provision of links to other websites or locations is for your convenience and does not signify our endorsement of such other websites or locations, or their contents. Links to other websites or locations may also be posted by other Users within the community on our Sites. We have no control over, does not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of our Privacy Policy do not apply to these outside websites. If you choose to access these third-party websites or locations, you do so at your own risk, and you may be subject to third-party terms and conditions (“Third Party Terms”).
10.4 Social Media. While using our Services, we may permit you to log in to any of our Sites via certain third-party social media and social networking services, such as Facebook, Instagram, Twitter, and others (“Social Media Platforms”) and we may request that you authenticate, register for, or log into the Social Media Platforms through their respective providers. Through this integration with our Sites, the Social Media Platforms provide us will access to the certain content and information (“Social Media Content”) that you have stored in your account with the respective Social Media Platforms. By granting us access to your Social Media Content, you understand that we will access, make available, use, store, and disclose your Social Media Content in accordance with this Agreement. We are not responsible for any Social Media Content stored on any Social Media Platforms that you choose to make available on our Sites. Please note that your relationship with each Social Media Platform and the manner in which each Social Media Platform uses, stores, and discloses your information is governed solely by your agreement with each Social Media Platform. We shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within our Services.
Please see our Privacy Policy for more information about the implications of activating these Social Media Platforms and the integration of the use of our Services with these Social Media Platforms.
11. Limited Warranty.
11.1 Limited Warranty for Products. We warrant that, subject to minor differences across products and printing partners as described in our Return Policy available at https://www.madebyphoto.com/returns our products will be free of any material defects in materials and workmanship. We will, at our own expense and at our sole obligation and your exclusive remedy, replace any materially defective Products which you report to us via our Customer Support within fourteen (14) days of your receipt thereof in accordance with the Return Policy.
11.2 Exceptions to Warranty. We do not proof, edit, or change any of the Content in the Products that you post or submit for print services. As a result, the foregoing limited warranty does not include the obligation to correct (a) typographical errors, mistakes in grammar, unfinished text, or other text errors; (b) low resolution images that may appear blurry in print; (c) design issues, including book format, organization, style, color, and page layout; or (d) any other creative choices that you make related to the Products. THE CONTENT, IN YOUR PRODUCTS CANNOT BE EDITED ONCE IT IS UPLOADED TO THE SITE. Therefore, you agree that you will not upload Content unless it has been fully proofed and you are satisfied that it is ready to be published. We are not responsible for any incorrect or inaccurate Content (including any profile information) posted on the Services, whether caused by Users, Members, or by any of the equipment or programming associated with or utilized in the Services. assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any User or User communication. To the extent permitted by applicable law, (a) we are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Site or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services and (b) under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Site or transmitted to Users, or any interactions between Users of the Services, whether online or offline.
11.3 Disclaimers. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS: (A) THE SERVICES, SITE AND ALL PRODUCTS ARE PROVIDED "AS-IS" AND AS AVAILABLE AND EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 11.1 ABOVE; (B) WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT ONLY TO THE EXTENT STRICTLY PROHIBITED UNDER APPLICALBE LAW. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. FOR FURTHER WARRANTY INFORMATION YOU MAY CONTACT OUR CUSTOMER SUPPORT DEPARTMENT AT RPI Print, Inc., 3325 S. 116th St., Suite 161, Tukwila, WA 98168.
12. Limitation on Liability. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, NOR ANY LOST PROFIT, LOST REVENUE, LOST BUSINESS OPPORTUNITY, OR OTHER SIMILAR DAMAGES (WHETHER DIRECT OR INDIRECT), ARISING FROM YOUR USE OF THE SERVICES, SITE OR APP AND YOUR PURCHASE OF PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE REASONABLY FORESEEN THEM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE AMOUNT YOU PAID TO US FOR THE PRODUCTS THAT ARE THE SUBJECT OF THE CLAIM. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF US OR OUR AGENTS OR EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, BUT ONLY TO THE STRICT EXTENT THAT THE EXCLUSION IS NOT PERMITTED UNDER APPLICABLE LAW.
13. Release. You hereby release us, our subsidiaries, affiliates and our and their respective officers, employees, agents, and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
14. Indemnity. You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
15. Electronic communications. The communications between you and us use electronic means, whether you visit the Site or otherwise use the Service or send us e-mails, or whether we post notices on the Site or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
16. U.S. ExportControls. Content and software available in connection with the Services (the "Software") is further subject to export controls of the United States and other jurisdictions. No Content or Software may be downloaded from the Services or otherwise exported or re-exported in violation of export laws of the United States or any other applicable jurisdiction.
17. Governing Law. Unless otherwise specified elsewhere in this Agreement, this Agreement shall be governed by the laws of the State of Washington without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Except to the extent that a dispute is governed by the dispute resolution and arbitration provision that appears at the end of this Agreement, or otherwise specified elsewhere in this Agreement, you and we agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Seattle, Washington and the federal courts located in the Western District of Washington (USA) in such legal action or proceeding. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. Notwithstanding the dispute resolution and arbitration provision that appears at the end of this Agreement, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from Washington law, including the laws governing what can legally be sold, bought, exported, offered, or imported. You shall always comply with all the international and domestic laws, ordinance, regulations, and statutes that are applicable to your use of the Services and your purchase of Products from our Site and Services.
18. Relationship of Parties. You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or in your Content, or in your other products that would reasonably contradict anything in this section.
19. Notices. We may give any notice required by this Agreement by means of a general notice on the Site, electronic mail to your e-mail address on record with us, or by written communication sent by first class mail or pre-paid post to your address on record with us. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to us, addressed to the attention of our Chief Operating Officer (such notice shall be deemed given when received by Blurb) at any time by any of the following: (i) letter sent by confirmed facsimile to us at the following fax number: 415-364-6301; (ii) letter delivered by nationally recognized overnight delivery service, first class postage, or prepaid mail to Made By Photo at the following address: Chief Operating Officer, RPI Print, Inc., 3325 S. 116th St., Suite 161, Tukwila, WA 98168.
20. Force Majeure. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, pandemics, epidemics, fire, flood, earthquake, force of nature (including extreme weather conditions), explosion, embargo, or any "act of God."
21. Other. This Agreement is accepted upon your use of the Site or any of the Services or when you register to become a Member. This Agreement constitutes the final, complete, and exclusive agreement between you and us regarding the subject matter hereof and supersedes and merges all prior discussions between the parties. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The parties of this Agreement have expressly required that the present Agreement be drawn up in the English language. Please contact us with any questions regarding this Agreement. You may also receive a copy of this Agreement in (in ASCII text format) by contacting us via our general support form.
22. Copyright/Trademark Information. Copyright © 2022 RPI Print, Inc. All rights reserved. The trademarks, logos, and service marks ("Marks") displayed on the Site or in connection with the Services, and all Content other than your Content as expressly set out in Section 7.2 (collectively, “Our Materials”), are the property of RPI or other third parties. You are not permitted to use these Marks or any other of Our Materials without the prior written consent of the third party that owns the Mark
or us, in the case of Our Materials. As between you and us, we own any and all rights, title, and interest in and to Our Materials, and all intellectual property rights related to Our Materials. Your only permission to use Our Materials is as set out herein and in the documents described in Section 23. All other rights are reserved. All other rights are reserved.
23. International Provisions. The following provisions shall apply only if you are located in the countries listed below.
23.1 Canada.
(a)Notwithstanding Section 17, if you are an individual consumer, then Section 17’s choice of law and, as amended hereby, and certain parts of the “DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER” may not apply to you strictly to the extent that it would be prohibited by the provincial or territorial consumer protection law applicable to you. Nonetheless, if those provisions do apply to you, and you are a nonetheless an Canadian individual consumer, you may opt out of the mandatory arbitration and class action waiver set out in “DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER” as set out therein.
(b)More specifically, (i) if you are a Quebec or Ontario individual consumer, the provisions set out in Section 17 or the “DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER” are prohibited by Quebec’s or Ontario’s respective Consumer Protection Acts, such provision does not apply you and this Agreement will be governed by the laws of the Province of Quebec or Ontario, respectively, and the federal laws of Canada applicable therein, and (i) if you are an Alberta individual consumer, then to the extent the provisions set out in Section 17 or the “DISPUTE RESOLUITION; CLASS ACTION WAIVER” are prohibited by Alberta’s Fair Trading Act, such provision does not apply to you and this Agreement will be governed by the laws of Alberta, and the federal laws of Canada applicable therein. In each such case, you will be deemed to have opted out of the mandatory arbitration as set out in “DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER” unless you positively notify us in writing that you wish to voluntarily comply therewith.
(c)The parties have requested and agree that these Terms and all documents relating thereto be drawn up in English / Les parties ontdemandé que cesmodalités et conditions ainsi que tous les documents qui s’yrattachentsoient rédigésenanglais.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.
Please Read This Provision Carefully. It Affects Your Legal Rights.
If you are a resident of the province of Quebec, this provision does not apply to you.
This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to Services or Products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
This Provision provides that all disputes between you and us shall be resolved by binding arbitration because acceptance of these terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because we believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute which is first done by emailing to us at support@mdby.com the following information: (1) your name, (2) your address, (3) A written description of your Claim, and (4) A description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, then you may pursue your Dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or we may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing us at support@mdby.com the following information: (1) your name; (2) your address; (3) A clear statement that you do not wish to resolve disputes with us through arbitration. Either way, we will not take any decision you make personally. In fact, we promise that your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with us. But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.
Arbitration Procedures
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration.
Because this Site and this Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or we may initiate arbitration in either the State of Washington or the federal judicial district that includes your billing address.
Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and we specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of this Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
No Judge or Jury in Arbitration
Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms you and we are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the dispute will be decided by a court.