Terms of

Use Revised: April 1, 2015

1) Acceptance of Terms; Modification to Terms.

Thank you for visiting Blue Ink Print, a service of Colorful Prints LLC, a Florida corporation. Blue Ink Print provides its Web site and services (Site”) subject to the following terms of service (Terms”).

By using the Site, uploading any data or images or ordering products, you are indicating your agreement to be bound by these terms and all revisions thereof. If you do not agree to these Terms, do not accept them and discontinue using and accessing the Site. These Terms are applicable to your use of the Site regardless of how you accessed the Site.We may modify the Terms at any time. If the modifications to the Terms constitute a material change, in Blue Ink Print”™s good faith reasonable judgment, Blue Ink Print will notify you via email or by posting a notice on the homepage of the Site. You should review these Terms from time to time so that you understand the terms and conditions of your use of the Site. If you do not agree to any amendment of these Terms, you must immediately stop using the Site. Your continued use of the Site after any modification to these Terms constitutes acceptance of the amended Terms. If you ever have any questions about these Terms, please do not hesitate to contact us at info@blueinkprint.com

You must be 13 years of age or older to use the Site. If you are not at least 13 please discontinue your use of the Site and do not provide any personal or other information to Blue Ink Print on or through the Site. If you are between the ages of 13-18, please obtain the permission of your parent or legal guardian before using the Site.

2) User Conduct

By uploading photographs, designs, drawings, text or other content [Content"] to the Site you represent and warrant that:

  • you have the lawful right to reproduce and distribute such Content;
  • that the Content complies with all applicable federal, state, and local laws, regulations and ordinances;
  • that the Content does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;
  • that the Content does not invade any individual”™s right of privacy or celebrity;
  • that the Content is not unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortuous, hateful, or racially, ethnically or otherwise objectionable.

In using this Site, you also agree:

  • not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • not to upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
  • not to upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • not to upload, download, post, email or otherwise transmit false or misleading information;
  • not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
  • not to access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
  • not to disrupt or interfere with any other user”™s enjoyment of the Site or affiliated or linked Web sites;
  • not to collect or store
  • personal information about any other use of the Site.

 

3) Member Account, Password

If you register on the Site, you will receive an email confirming the creation of a Blue Ink Print account. Activating your account requires the creation of a password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) inmediately notify Blue Ink Print of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Blue Ink Print cannot be liable for any loss or damage arising from your failure to comply with this Section 2. You represent and warrant that all contact and personal information provided to Blue Ink Print during the registration process and otherwise shall be accurate and complete. If there are any changes to your contact information, you shall promptly update your registration information with Blue Ink Print.

4) Privacy Policy

Your privacy is very important to us at Blue Ink Print. We collect and store personal information when you register, move through the Site, and make purchases. By using the Site and accepting these Terms, you expressly consent to Blue Ink Print”™s use of your personal information (including using email to communicate with you) as described in the privacy policy, which is incorporated herein by reference. Not with standing the foregoing, you acknowledge and agree that Blue Ink Print may preserve Content and may also disclose Content or information, including your personal information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Blue Ink Print, its users and the public. We may also disclose personal information as necessary to investigate or prevent violations of these Terms or suspected illegal activity, to trusted partners who work with us under confidentiality agreements, or to a company that acquires or merges with Blue Ink Print. By using the messaging features on the Site — including the Thank you notes sent by designers to buyers of their fabrics — you consent that a small amount of personal information -name and email address – may be disclosed to the recipients of your messages.

You may not use personal information about other Blue Ink Print users in a way that is inconsistent with Blue Ink Print”™s Privacy Policy. By doing so you would violate the terms of this Agreement, and Blue Ink Print may terminate your account. Blue Ink Print is not liable for damage incurred due to use of personal data posted in a public profile or public designs on the Site. Blue Ink Print sets and accesses cookies to keep track of login status. Please refer to your browser’s “Help” menu for how to change cookie preferences.Personal information does not include Blue Ink Print nickname or any information you make available through your public account settings. If you choose to make your profile public, your name, nickname and public contact information will be displayed on the site to other users.

5) Proprietary Rights

You acknowledge and agree that any data, materials or content, including but not limited to designs, text, photos, images, etc. or other material contained or distributed on or through the Site by Blue Ink Print, or its Representatives (Content”) is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use, reproduce or distribute any Site Content without the authorization of the owner of such Site Content, except for uses permitted by law.You acknowledge and agree that the Site and any software used in connection with the Site (Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. All such Software and the Site shall remain the property of Blue Ink Print and you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.

6) Warranty of Ownership and Non-infringement

YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT.

7) Indemnity

You agree to defend, indemnify and hold Blue Ink Print and Blue Ink Print”™s officers, directors, employees and other Representatives harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney”™s fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of these Terms or (e) your violation of any rights of a third party.

8) Termination

You agree that Blue Ink Print, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. Blue Ink Print may also in its sole discretion and at any time modify the Site, or any portion thereof, or discontinue providing the Site, or any part thereof, with or without notice. Further, you agree that Blue Ink Print shall not be liable to you or any third-party for any termination of your access to the Site.

9) Order Cancellation

No cancellations will be accepted for all customized orders. Giving Blue Ink Print, the final decision to partially or fully refund the amount received for the work that had been done so far.

10) Pricing

Prices for products on Blue Ink Print are described on our Web site and are incorporated into these Terms by reference. All prices are in US dollars. Prices and products may change at Blue Ink Print”™s discretion.

11) Shipping

Title and risk of loss for all Products ordered by you shall pass to you on Blue Ink Print”™s shipment to the shipping carrier. You shall be responsible for payment of all shipping, insurance, customs charges and other transportation costs for shipment of Products ordered by you through the Site, unless otherwise stated on the Site or agreed by Blue Ink Print (such as through a special offer).

12) Deleting Accounts

If you wish to terminate your Blue Ink Print account, please contact us info@blueinkprint.com and request to do so. If you delete your account, Blue Ink Print will retain at its discretion your personal information as long as is reasonably required to fulfill the purposes for which it was collected.

13) DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN AS IS” AND AS AVAILABLE” BASIS.BLUE INK PRINT AND ITS REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLUE INK PRINT OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.BLUE INK PRINT DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE, ITS CONTENT OR ANY PRODUCTS ORDERED THROUGH THE SITE, INCLUDING FABRICS, WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED.

14) LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL BLUE INK PRINT OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY PRODUCTS ORDERED THROUGH THE SITE. IN THE EVENT THAT YOU OBJECT TO ANY OF THESE TERMS OR BE DISSATISFIED WITH YOUR USE OF THE SITE, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE AND IN THE EVENT THAT ANY PRODUCTS OBTAINED THROUGH THE SITE ARE DEFECTIVE, YOUR REMEDY AND BLUE INK PRINT”™S SOLE OBLIGATION SHALL BE RETURN OF THE DEFECTIVE PRODUCTS AND, UPON DETERMINATION BY BLUE INK PRINT OF SUCH DEFECTS, REFUND OF ANY AMOUNTS PAID BY YOU TO BLUE INK PRINT FOR SUCH DEFECTIVE PRODUCTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree that any claim or cause of action arising out of or related to your use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

15) GENERAL

If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired. Blue Ink Print shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of Blue Ink Print, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.This Agreement will be governed by the laws of the State of Florida. Blue Ink Print may elect to resolve any controversy or claim arising out of or relating to these Terms or the Site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Miami, Florida, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Miami, FL, necessary to protect the rights or the property of you or Blue Ink Print (or its Representatives), pending the completion of arbitration.