JANZOON TERMS AND CONDITIONS OF USE
Effective December 9, 2009
Janzoon
TM is owned and operated by Custom Direct, LLC, a Delaware limited liability company (as applicable, “we,” “us” and “Janzoon”). Through Janzoon, you can design and purchase your own unique stationery, holiday cards, business cards, greeting cards, return address labels and many other customized products. By creating a Janzoon user account (“Account”), purchasing any products on
www.janzoon.com (“Site”) or accessing any of the images available to create products on the Site, you will be bound by these Terms and Conditions.
Please read these Terms and Conditions carefully. These Terms and Conditions set forth, among other things, our obligations to you and your obligations regarding use of the Site. If you do not agree with these Terms and Conditions, please do not create an Account, provide us with your personal information, upload information or images to the Site or otherwise use the Site. We reserve the right to revise these Terms and Conditions from time to time and ay any time by posting a revised version on the Site without further notice to you.
Account Registration. You must create an Account in order to design or order a product on the Site. By registering for an Account, you will be required to notify us promptly after you learn that any of your Account information has changed, misappropriated or misused. By creating an Account, you agree to cooperate and assist us as we reasonably request in any investigation relating to any unauthorized access to or use of your Account. By registering for an Account, you represent and warrant that you are at least 18 years of age, that all of the information you provide to us during the registration process is complete and accurate and that, if you are registering on behalf of a business, you are authorized to create an Account of behalf of such business, all in accordance with these Terms and Conditions of Use.
Use of Site. You may access and use the Site only pursuant to these Terms and Conditions, the Janzoon Privacy Policy (available at
www.janzoon.com/privacy) and any other policies or statements that we post on the Site Except as expressly permitted in these Terms and Conditions, you may NOT: (1) display, print, distribute, download, publish, copy, sell, modify or otherwise use the images you created through or downloaded from the Site; (2) violate any applicable law, rule or regulation regarding your use of the Site; (3) upload to the Site any copyrighted images or content unless you are the copyright owner; (4) upload to the Site any trade secret material that you do not own; (5) transmit, upload, post, store, or otherwise communicate any content on, to, or through the Site that: (i) infringes or otherwise violates any proprietary or intellectual property right of anyone else, or the privacy or publicity rights of anyone else, (ii) is obscene, indecent, defamatory, threatening, harassing, abusive, hateful, illegal, embarrassing, or otherwise prohibited, (iii) is sexually-explicit, (iv) constitutes advertisements or solicitations of business, chain letters, or pyramid schemes, or (v) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines intended to damage or interfere with any computer data or system (collectively "Prohibited Material"); (6) use any incomplete, false or inaccurate information to create or maintain an Account or delete or revise any Account content submitted to us by another customer or user; (7) take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure; (8) attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising any part of the Site; or (9) use the Site to create any designs or products that violate the trademarks or other intellectual property rights of Janzoon or any third party.
Non-Janzoon Content. We may, in our sole discretion, screen, refuse, or remove any project, posting, content, or other materials submitted, posted, or otherwise communicated to the Site by customers or other users ("Non-Janzoon Content"), including any Non-Janzoon Content that violates these Terms and Conditions or the rights of others. We may access, preserve, and disclose your Account information and Non-Janzoon Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process or governmental request, (ii) enforce these Terms and Conditions; (iii) respond to claims related to Prohibited Material as defined herein; or (iv) protect the rights, property, or personal safety of Janzoon, its users, and/or the public.
UV Coating. In ordering paper materials on the Site, you may have an option to have the ordered items printed with an ultra-violet protective coating (“UV Coating”). If you order a UV Coating for any item in your order, you will be charged for the UV Coating at the rate indicated during the order process. In some cases we might apply a UV Coating to the items in your order at no charge to you, even if you have not requested a UV Coating for your customized print order.
Reporting Copyright Infringement. If you believe your copyrighted work has been infringed by any product created or purchased on the Site and you want us to take down or disable the infringing materials, you must provide us with the following information, which is intended to substantially conform to the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C Section 512(c)(3)(A): (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (3) identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in your notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Any notification that fails to comply with the above requirements shall not be considered to either provide us with actual knowledge of infringement or make us aware of facts or circumstances from which infringing material or acts are apparent. Pursuant to 37 C.F.R. § 201.38, the designated agent of Janzoon may be contacted as follows: Custom Direct, LLC, 1802 Fashion Court, Joppa, Maryland 21085, (410) 679-3300, attn: Legal Department,
legal@cdi-us.com
Refunds. You must pay for Janzoon orders on the Site via credit card. When placing an order on the Site, you will be required to provide a valid credit card number and billing address. Orders are submitted for fulfillment immediately upon purchase and may not be cancelled. We will issue refunds only in accordance with the Janzoon Customer Service Guarantee. If we issues you a refund, your acceptance of the refund will constitute your sole and exclusive remedy with respect to the applicable products and/or services.
Enforcement. We will investigate any reported violation of these Terms and Conditions and, as appropriate, we will report such violation to the appropriate authorities and cooperate with them in prosecuting those responsible for any such violation.
We reserve the right to terminate your Account at any time for any reason or for no reason. In such event, we will refund to you any funds we collected for your unprocessed orders.
Intellectual Property. The Site contains graphics, photographs, images, artwork, text, fonts, software tools, and other information provided by Janzoon (referred to herein as “Janzoon Content”). The Site and all Janzoon Content are the copyrighted property of Custom Direct, LLC, its affiliates or licensors. All rights in the Site and the Janzoon Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Janzoon Content except as expressly permitted in these Terms and Conditions. Janzoon reserves the right to add to, delete from, or modify any portion of the Janzoon Content at any time without prior notice. Janzoon Content is available for use by other parties. By using Janzoon Content as part of your design for any product you create on the Site, you will acquire only a license to display the Janzoon Content as part of the products you purchased on the Site and no other right or license regarding any of the Janzoon Content. Other Janzoon customers may use the Site to create products similar to the products you create or order on the Site. We provide no warranty of any kind that designs created on the Site will not infringe upon the intellectual property rights of others. Upon uploading to the Site any Non-Janzoon Content, you grant us and our affiliates a royalty-free, perpetual, irrevocable, sub-licenseable, non-exclusive, worldwide right and license in such Non-Janzoon Content to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display (in whole or in part) the same in any media, or technology, to the extent necessary for us and our affiliates to fulfill your product order(s). Except as specifically stated herein, Janzoon retains all intellectual property rights to the Janzoon Content.
Limitations of Liability. THE SITE AND ALL PRODUCTS ORDERED ON THE SITE ARE PROVIDED "AS IS". WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING IN ANY WAY TO THE SITE OR THE GOODS OR CONTENT AVAILABLE FOR SALE THEREON. WE EXPRESSLY DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE RELATED TO: MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) NON-INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE, AND (iv) PERFORMANCE, NON-PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY JANZOON OR ANY THIRD PARTY. IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SITE, JANZOON, OR ANY OF OUR PRODUCTS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. OUR TOTAL LIABILITY WILL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO US FOR THE APPLICABLE PRODUCT ORDER.
Indemnification. You you agree to indemnify us, our affiliates, officers, directors, employees, consultants, agents, service providers, and licensors harmless from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorney's fees) arising from any third party claim relating to your use of the Site and/or any violation by you of any law or these Terms and Conditions or any rights of a third party.
Feedback. Any product suggestions, Site reviews or other feedback you provide to us regarding the Site or your order will be treated as non-confidential in nature and may be used or displayed by us for internal and/or promotional purposes.
Free Products. Certain products are available on the Site for “free” (“Free Products”). You will need to pay shipping and handling charges for purchase of any Free Products. Shipping and handling charges do NOT include any charges for the Free Product itself, including costs related to raw materials or manufacturing of the product. FREE offers are not valid on any more than 4 items per order and only 1 of the same type of Free Product. Janzoon reserves the right to rescind, revoke or terminate its offer to sell any Free Products at any time, with or without cause.
Miscellaneous Provisions. These Terms and Conditions, the Janzoon Privacy Policy and the other policies posted on the Site set forth the entire agreement and understanding between you and us regarding your use of the Site. These Terms and Conditions will be governed by the substantive law of the State of Maryland without reference to any choice of law rules that would result in the application of the substantive law of another jurisdiction. Any dispute between you and us relating to these Terms and Conditions and/or the Site that cannot otherwise be resolved amicably shall be submitted to binding arbitration in Harford County, Maryland before a single arbitrator appointed by Judicial Arbitration and Mediation Services (“JAMS”) (or if such entity no longer exists, then by its successor entity or a similar national organization designed to facilitate alternative dispute resolution proceedings) under the then-existing JAMS Streamlined Arbitration Rules and Procedures as applied to commercial disputes and the decision of the arbitrator shall be final and binding upon all parties.
YOU SPECIFICALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BROUGHT IN CONNECTION WITH THE SITE AND/OR THESE TERMS AND CONDITIONS. You may not assign or otherwise transfer, by operation of law or otherwise, any of your rights or duties hereunder. Any attempted assignment or other transfer will be void. We may assign or otherwise transfer any right or duty without your consent. Our waiver of a breach of any provision of these Terms and conditions will not constitute a waiver of any subsequent breach of the same. Any products you order on the Site may be mailed only to an address within the United States and its territories.