Terms of Use

Acceptance of Terms of Use

Please read these Terms of Use carefully. These Terms of Use govern your access and use of this Site. By accessing or using this Site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use.

SparkPrint.com reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.


Standard for Electronic Transactions

SparkPrint.com is governed by, is obligated to comply with, and fully supports the spirit of the Massachusetts Standard for Electronic Transactions.

Copyrighted materials for limited use

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to herein as "Content"). This Site and all Content are the copyrighted property of SparkPrint.com Limited, and/or its subsidiaries (referred to herein as "SparkPrint.com") or the copyrighted property of parties from whom SparkPrint.com has licensed such property. All rights in this Site 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 of Use. SparkPrint.com reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.

Use of Site

You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering printed products solely through SparkPrint.com (referred to herein as "Products"). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from SparkPrint.com does not entitle you to use any portion of Content apart from the finished printed Products as they are supplied to you by SparkPrint.com.

You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person's right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. SparkPrint.com may terminate its service to customers found to be using SparkPrint.com to engage in undesirable activities.

You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize SparkPrint.com to print Products on your behalf. SparkPrint.com is not affiliated, with any realtor or their franchises. You should be authorized to use the products you are ordering from our website and you agree to do so at your own risk.

You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

You acknowledge that the products you obtain from SparkPrint.Com are for your own use and may not be further transferred or licensed to any third person whatever for any purpose. You further acknowledge your may not sell or transfer for any consideration whatever any products you obtain from SparkPrint.Com. Any attempt to transfer will void your right to the said products which must be immediately returned to SparkPrint.Com.

You acknowledge that in the event of your violation of any of these terms of use, SparkPrint will be entitled to injunctive relief and other equitable relief that a court of competent jurisdiction may determine.

You acknowledge that SparkPrint.Com will not be responsible for delays or failure to perform due to circumstances beyond its control, including labor strikes and disputes, lockouts, shortages, or inability to obtain labor, energy, raw materials or supplies, utility or transmission failures, war, riot, sabotage, act of God, or governmental failure not the fault of SparkPrint.Com

You are expressly denied the right to reverse engineer copy or otherwise use without the express written approval of SparkPrint.Com, in whole or in part, the software which is implicit in the production of the products marketed on this site.

You agree that the products you procure from SparkPrint.Com from this site are to be used in the continental United States.

You acknowledge that to the extent that any sales or use tax is applicable to your purchase hereunder, you agree to pay such tax.


Transfer of Title

The customer agrees that the shipping & handling terms for all orders are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

This agreement contains the entire agreement between SparkPrint.Com and yourself and merges all prior understandings, representations and agreements. These terms may only be modified by a writing executed by an authorized officer of SparkPrint.Com.


Indemnification

You agree that you shall indemnify and defend SparkPrint.com and all parties from whom SparkPrint.com has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.

Disclaimer of Warranty

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

THE PRINTED MATERIALS SUPPLIED TO YOU MAY OR MAY NOT MATCH THE COLORS SCHEMA THAT YOU SEE ON YOUR MONITOR. WE FOLLOW A STANDARD 4 COLOR AND 1 COLOR PROCESS FLOW WHICH MAY OR MAY NOT MATCH THE COLORS THAT SHOW UP ON YOUR MONITOR WHILE YOU ARE PREVIEWING YOUR PROOFS.


Limitation of Liability

IN NO EVENT SHALL SparkPrint.COM OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT SparkPrint.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE SERVICES THAT YOU ORDER FROM SparkPrint.COM OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL SparkPrint.COM BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT.

Site Feedback

Any comments, suggestions, proposals or other feedback (collectively "Feedback Information") provided to SparkPrint.com in connection with the operation or content of this Site shall be provided by the submitter and received by SparkPrint.com on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of SparkPrint.com. By submitting any such information to SparkPrint.com, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that SparkPrint.com shall be free to use such information on an unrestricted basis.

Governing Law

SparkPrint.com Limited is based in Norwood, Massachusetts and all transactions take place on SparkPrint.com's servers located in Massachusetts. Issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed by the laws of Massachusetts. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Norwood, Massachusetts. You agree to submit to the jurisdiction of Massachusetts courts and agree that venue in these courts is proper in any such legal action or proceeding.