ACCEPTANCE OF TERMS OF USE

Please read these Terms of Use carefully. These Terms of Use govern your access and use of this website. By accessing or using this website 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 website. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use.

DFI – Solutions in Print (“DFI”) reserves the right to make changes to this website and to these Terms of Use at any time without prior notice to you. You should review these Terms of Use each time you access this website.

You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provide to us when you register with our website. You may withdraw your consent to receive communications from us electronically by contacting customer service. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

Additional products may be subject to additional terms of use. Such additional terms of use may provide for proper use and maintenance of the product or service.

STANDARD FOR ELECTRONIC TRANSACTIONS

DFI is governed by and is obligated to comply with the Uniform Electronic Transactions Act.

COPYRIGHTED MATERIALS FOR LIMITED USE

This website may contain graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (hereinafter “Content”). This website and all Content are the copyrighted property of DFI, and/or its subsidiaries or the copyrighted property of parties from whom DFI has licensed such property. All rights in this website and its Content are reserved worldwide. DFI strictly prohibits you from retaining, copying, distributing, publishing, or using any portion of the Content except as expressly allowed in these Terms of Use or with DFI’s express consent. DFI reserves the right to add to, delete from, or modify any part of its Content at any time without prior notice.

DFI provides no warranty of any kind that any logos used by our Customers will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely the Customer’s responsibility to obtain the advice of an attorney regarding whether its logo design is legally available for use and does not infringe the rights of another party.

USE OF WEBSITE

DFI grants to you permission to access and use this website and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through DFI (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 DFI does not entitle you to use any portion of Content apart from the finished Products as they are supplied by DFI.

You agree to use this website 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 website to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. DFI may terminate its service to Customers found to be using DFI 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 defame (libel or slander) 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 website, you warrant that you have all necessary permission, right and authority to place the order and you authorize DFI to produce the Products on your behalf. You grant DFI the right to copy, modify, create derivative works and vectorize any uploaded content (i.e., content you have uploaded) for the purpose of fulfilling your order. Moreover, you warrant that you have sufficient rights to permit DFI to copy, modify, create derivative works and vectorize any uploaded content for the purpose of fulfilling your order.

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.

TRANSFER OF TITLE

You, the customer, agree that the shipping terms for all printed Products are FOB shipping point and ownership transfers to you, 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. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the website.

INDEMNIFICATION

You agree that you shall indemnify and defend DFI and all parties from whom DFI 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 website Content.

DISCLAIMER OF WARRANTY

THE WEBSITE 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 WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE WEBSITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOU AGREE TO REVIEW AND BE BOUND BY ANY PRIVACY, SECURITY, TERMS OF USE, OR OTHER AGREEMENTS PROVIDED BY INDEPENDENT COMPANIES LINKED TO BY DFI.

DFI is not responsible for: spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the creation process of the Products, errors in user-selected options such as choice of finish, quantity or product type, and damage to the Products arising after delivery to the customer.

Please preview your designs carefully and correct any mistakes prior to placing your order. DFI does not proof Products created by its customers prior to processing.

LIMITATION OF LIABILITY

IN NO EVENT SHALL DFI 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 DFI HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM DFI OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL DFI BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS WEBSITE OR ITS CONTENT.

WEBSITE FEEDBACK

Any comments, suggestions, proposals or other feedback (collectively “Feedback”) provided to DFI in connection with the operation or content of this website shall be provided by the submitter and received by DFI on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of DFI. By submitting any such information to DFI, 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 DFI shall be free to use such information on an unrestricted basis.

GOVERNING LAW

The party you are contracting with and the seller of the products and services offered and sold on this website is DFI, or one of its affiliates. DFI is a company organized under the laws of the state of Iowa. Therefore, all 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 website shall be governed by the laws of the State of Iowa. Any legal action or proceeding relating to or arising from your access to or use of this website shall be instituted in Scott County, Iowa. By using this website you agree to submit to the jurisdiction of Federal or State Courts located in Scott County Iowa and agree that venue in these courts is proper in any such legal action or proceeding.