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PLUM PRINT
TERMS OF SERVICE
Last Updated October 13, 2016.
Welcome to Plum Print! Plum Print, Inc. (“Plum Print”) provides software services that allow customers to design and purchase customized children’s art books as well as other tangible and intangible goods, including, without limitation, notecards, calendars, posters, pillows, towels, shower curtains, and digitized artwork (the “Products”). The services offered by Plum Print include the Plum Print book purchasing services, artwork digitizing services, the Plum Print Marketplace, and any other features, content, websites, or services offered from time to time by Plum Print (collectively, the “Services”).
Plum Print offers the Services on and through its website located at plumprint.com. These terms and conditions (“Terms of Service” or “Agreement”) govern your access to and use of this website and any successor domain names or sites (the “Site”), the Services provided by Plum Print, and any and all information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services.
Plum Print also offers additional Services on the Plum Print Marketplace located at market.plumprint.com (the “Marketplace”). On the Marketplace, you can purchase a variety of products featuring artwork submitted by other Plum Print users. These Terms of Service also govern your access to and use of the Marketplace.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING AND USING THE SERVICES IN ANY MANNER, YOU ARE ACCEPTING AND AGREEING TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE TO THE EXCLUSION OF ALL OTHER TERMS.
IF YOU DO NOT UNCONDITIONALLY ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU SHALL NOT (AND SHALL HAVE NO RIGHT TO) ACCESS OR USE THE SERVICES. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. THESE TERMS SHOULD BE READ IN CONJUNCTION WITH PLUM PRINT’S PRIVACY POLICY AND COPYRIGHT POLICY.
Wherever used in these Terms of Service, “you”, “your”, “Customer”, or similar terms means the person or legal entity accessing or using the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service.
Wherever used in these Terms of Service, “we” or “us” means Plum Print, any company it controls or that controls it (for example a parent company or a subsidiary of Plum Print), and their respective members, shareholders, directors, officers, employees, and agents, successors, and assigns.
We reserve the right, at any time, to update and change any or all of these Terms of Service, in our sole discretion, including but not limited to the fees and charges associated with the use of the Services. If we do so, we will post the modified Terms of Service on the Site and/or the Marketplace, though we will notify you of any changes that, in our sole discretion, materially impact these Terms of Service. Continued use of the Services after any such changes have been made shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the Terms of Service, which are currently available at: plumprint.com/terms-conditions. When we change these Terms of Service, we will modify the “Last Updated” date above.
TERMS AND CONDITIONS
Age Restrictions. To use some of the Services, including placing an order on the Site, you must create an account. If you are under 18 years old, you must have your account created for you by your parent or legal guardian. If you are under 13 years old, you may not use the Services without your parent or legal guardian.
Privacy Policy. Use of the Services is governed by our privacy policy, which is available at plumprint.com/privacy-policy. The purpose of our privacy policy is to identify the information we may collect about you, describe the uses we may make of your information and the security measures we take to protect it, and describe your options for controlling your information.
Children’s Privacy. We are committed to protecting the privacy of children. You should be aware that the Services are not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Additional Terms. In order to participate in certain areas of the Site or Marketplace, or to receive certain Services, you may be required to download software or content and/or agree to additional terms and conditions that govern the use of those areas of the Site or Marketplace and/or those Services, software, and/or content (“Additional Terms”). Unless otherwise provided by the Additional Terms, those Additional Terms are hereby incorporated into these Terms of Service. To the extent that there is a conflict between the terms in these Terms of Service and any Additional Terms, the specific Additional Term shall have precedence with respect to your use of that aspect of the Site, Marketplace, or Services.
Fees and Payment.
Payment by Credit Card. Plum Print uses Stripe as a third-party service provider for most credit card transactions. If paying by credit card, you agree to be bound by Stripe’s U.S. Terms of Service available at https://stripe.com/us/terms and Stripe’s Privacy Policy available at https://stripe.com/us/privacy. You consent to provide and authorize Plum Print and Stripe to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with these Terms of Service, including personal, financial, credit card payment, and transaction information.
Payment by PayPal. In certain instances, Plum Print also accepts payment via PayPal. When you pay via PayPal, the transaction is redirected from the Site or the Marketplace to PayPal's payment site. When PayPal is used, your financial information is not shared with Plum Print. Once directed to PayPal's site, PayPal is responsible for protecting your personal and financial information. Your PayPal account and any activities related thereto shall be subject to PayPal's terms and conditions and any information provided to PayPal in relation thereto will be governed by PayPal's privacy policy. Once payment is complete via PayPal, PayPal will email a receipt for this transaction.
Taxes, Fees, and Charges. You agree to pay all taxes, fees, and other charges incurred in connection with your use of the Services and orders and purchases of Products (including, but not limited to, sales, use, or value-added taxes). Plum Print may automatically charge and withhold such taxes, fees, or other charges for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order Products for overseas delivery, you may be subject to import duties and taxes, which are levied when the Products arrive at the destination that you specified. Any charges for customs clearance have to be borne by you, as Plum Print has 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 Plum Print 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.
Returns. All returns of Products are subject to Plum Print’s then-current return policies, as posted on the Site at: plumprint.com/shippingreturns.
Accounts. You will need to create an account to:
You will not need to create an account to:
You agree to provide, maintain and update true, accurate, current, and complete information about yourself as prompted by our account registration process. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other account information, or another person's name, likeness, image, or photograph. You agree to promptly notify us of any unauthorized use of your username, password, or any other account information, or any other breach of security that you become aware of involving or relating to the Services. In addition, you agree to log out of your account at the end of each session. Please note that you do not need to create an account to place orders on the Marketplace.
Passwords. When you register for an account, you will be asked to choose a username and a password. You are entirely responsible for maintaining the confidentiality and security of your password. You agree to notify us immediately if you suspect any unauthorized use of your password or unauthorized access to your account. You are solely responsible for any and all actions taken using your password and/or account.
Termination. You agree that we may, in our sole discretion and subject only to applicable law: (1) terminate your account or your ability to access or use the Services, at any time, without notice, for any reason, including but not limited to conduct violating any applicable law, these Terms of Service, other policies or guidelines adopted by us and made available to you, or for any other reason whatsoever; and (2) remove and/or discard any content or materials, including but not limited to, any and all information, image files, or any other content submitted to us by you or on your behalf. Further, you agree that we shall not be liable to you or to any third party for any termination of your access to the Services. We urge you to make personal copies of all content you submit to us.
Geographic Restrictions. Plum Print is based in the State of North Carolina in the United States. We make no claim that any of the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Prohibited Uses. You may use and access Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services to:
We shall have the sole discretion to determine whether material or content provided by you constitutes prohibited material or content, and any material or content submitted to us may be examined at any time. You acknowledge that although we do not and will not examine and review all material and content submitted or transmitted to us, we have the absolute right (but not the obligation) to review, delete, move, and edit such material and content, or take any other appropriate action with respect to prohibited content and material, for any reason, at any time, without notice. Notwithstanding the above, when you access the Services, you acknowledge and agree that all material or content (whether private or public) that is provided to us and/or uploaded and/or stored via the Services is the sole responsibility of the person who submitted it. You understand that by accessing the Services, you may be exposed to material or content that you consider offensive and you take sole responsibility for such exposure.
Proprietary Rights.
Definitions. “Artwork” includes all artwork that you submit to us via the Services. “Digitized Artwork” means digitized electronic copies of the Artwork created by or on behalf of Plum Print, as well as digital artwork that you submit to us directly.
Image Galleries. Undigitized Artwork that you submit to Plum Print is digitized to create Digitized Artwork. All of your Digitized Artwork is stored in an online image gallery that can be accessed from within your Plum Print account (your “Image Gallery”). You have the option to designate your Image Gallery as “shared” or “public.” If you do so, other Plum Print users and visitors to the Site will be able to view your Image Gallery and purchase Products customized with the images in your Image Gallery. If you wish to keep your Image Gallery private, do not designate it as “shared” or “public.” By designating your Image Gallery as “shared” or “public” you authorize Plum Print to publicly display your Image Gallery (including all of your Digitized Artwork) and to offer for sale to others Products customized with the images in your Image Gallery without further notice, payment, or attribution to you.
Title to Artwork. By submitting the Artwork to Plum Print, you agree that you are transferring title to the Artwork to Plum Print. You agree that Plum Print is under no obligation to return any of the Artwork to you.
Copyright in Artwork. You represent, warrant, and covenant that: (i) you own or otherwise have the right to grant the licenses set forth in these Terms of Service for the Artwork, (ii) you have obtained all necessary consents and clearances to enable Plum Print to exercise the rights granted herein and (iii) the Artwork does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity. You have full responsibility for the Artwork, including its legality, accuracy, appropriateness, and trademark and copyright ownership. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO THE ARTWORK THAT YOU SUBMIT TO PLUM PRINT VIA THE SERVICES.
License to Plum Print. You hereby grant to Plum Print and its affiliates a nonexclusive, irrevocable, perpetual, worldwide, royalty-free, freely sublicensable (in any medium, whether known or not currently known and invented) license (the “License”) to: (i) use, re-format, modify, reproduce, and distribute the Artwork for the purpose of printing and distributing Products that you order or that you authorize for purchase by others, (ii) use, re-format, modify, reproduce, create derivative works from, and distribute the Artwork for the limited purpose of creating Digitized Artwork and Image Galleries; and (iii) with respect to any Digitized Artwork contained in any Image Gallery that you designate as “shared” or “public”, to link to, use, reproduce, create derivative works from, license, sell, print, sublicense, distribute, publicly display, publicly perform, and otherwise exploit such Digitized Artwork, including, without limitation, making such Digitized Artwork available to other Plum Print users and including such Digitized Artwork in Plum Print’s promotional and marketing materials. You agree that Plum Print may exercise the License granted by you without notice, payment, or attribution. You agree that the License granted to Plum Print includes the right for Plum Print to contract out the production, including, without limitation, physical printing, of the Products to a third party. You agree that Plum Print reserves the right to maintain electronic files of Digitized Artwork and any Products, as applicable, to fulfill any further orders that may be placed for such Products and to maintain an archival copy of the tangible Product. You agree that Plum Print reserves the right to charge you for the ability to access and download Digitized Artwork from your Image Gallery.
No Back Up of Artwork. Plum Print encourages you to maintain your own backup of any Artwork that you submit to Plum Print. Plum Print is not a backup service, and Plum Print will not be liable for any loss of Artwork as a result of your use of the Services.
Plum Print Content. The Services contain Content and other proprietary information owned by Plum Print or its licensors (“Plum Print Content”). You may use the Plum Print Content only in connection with the Services, and except as expressly authorized by us, you may not link to, use, copy, publicly display, publicly perform, distribute, or otherwise exploit the Plum Print Content in or on any third-party website (including, without limitation, a website owned or controlled by you) or in products, goods, and/or services not ordered through Plum Print. Plum Print and its licensors own and retain all proprietary and intellectual property rights in and to the Plum Print Content, the Site, the Marketplace, and the Services. Except for the rights expressly granted under these Terms of Service, you have no other rights to the Plum Print Content, the Site, the Marketplace, or the Services.
Software. Plum Print may provide you with certain proprietary software that Plum Print allows you to download via the Services (“Software”). Plum Print grants you a limited, personal, nonexclusive, and non-transferable license to use the Software solely for your personal use in connection with using the Services. You agree that you will not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit the Software in any manner. The limited license granted in this paragraph shall terminate automatically, without notice to you, if we determine, in our sole discretion, that you have breached any provision of these Terms of Service. Upon termination of this limited license, you agree to immediately delete any downloaded Software. Except as stated herein, you acknowledge that you have no right, title, or interest in or to the Software.
Suggestions and Improvements. By submitting any ideas, suggestions, improvements, documents, or proposals (“Feedback”), you assign all right, title, and interest in the Feedback, including without limitation any intellectual property rights in and to the Feedback, to Plum Print. You further represent and warrant that any Feedback that you submit does not contain any confidential or proprietary information of any third party and that Plum Print is under no obligation of confidentiality, express or implied, with respect to any Feedback submitted by you. If you intend to own the intellectual property rights in any Feedback please do not submit the Feedback to us.
Trademarks. The name Plum Print, and all related names, logos, product and service names, designs, and slogans are trademarks of Plum Print or its affiliates or licensors. You must not use such marks without the prior written permission of Plum Print. All other names, logos, product and service names, designs and slogans accessed via the Services are used for identification purposes only and are the trademarks of their respective owners.
Linking to Us. You may link to the homepage of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. Subject to the foregoing, you must not:
We reserve the right to withdraw linking permission for any reason, without notice to you.
Links to Third-Party Websites. We may provide links to websites, software, or services owned or operated by third parties (“Third-Party Websites”). We are providing these links to you as a convenience, and Plum Print does not verify, make any representations, or take any responsibility for such Third-Party Websites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, products, services, or information provided on such Third-Party Websites. The Third-Party Websites may have different privacy policies and terms and conditions and business practices than Plum Print. Your dealings and communications through the Services with any party other than Plum Print are solely between you and such third party. Any complaints, concerns, or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party. YOU AGREE THAT PLUM PRINT SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES, OR CONTENT AVAILABLE THROUGH ANY THIRD-PARTY WEBSITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Services to any product or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer, or otherwise does not constitute or imply Plum Print’s endorsement or recommendation.
Third-Party Software. We may make third-party software available to you from time to time for your convenience. To access such third-party software, you much first agree to the third-party software provider’s terms and conditions governing use of such software. These terms and conditions are an agreement between you and the third-party software provider, and we are not a party to any such agreement. Plum Print expressly disclaims any liability and provides no warranties relating to such software.
Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or via the Services or any applications will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. PLUM PRINT AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED VIA THE SERVICES, OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL VIA THE SERVICES.
YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED VIA THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PLUM PRINT NOR ITS AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, PLUM PRINT AND ITS AFFILIATES MAKE NO WARRANTY THAT (i) THE SERVICES OR PRODUCTS OFFERED VIA THE SERVICES SHALL MEET YOUR REQUIREMENTS, (ii) THE SERVICES OR PRODUCTS OFFERED VIA THE SERVICES SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR PRODUCTS OFFERED VIA THE SERVICES SHALL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES SHALL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICES OR PRODUCTS OFFERED VIA THE SERVICES SHALL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE ACCESSED OR OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR SMARTPHONE, OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ACCESS OF ANY SUCH MATERIAL.
PLUM PRINT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLDUING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, COURSE OF PERFORMANCE, AND FITNESS FOR PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME PORTION OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. IN SUCH STATES WARRANTIES ARE DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLUM PRINT OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability. Plum Print shall not be liable, and you are solely responsible, for any access or usage charges charged by your internet or wireless carrier related to any computer or device that you use to access or use the Services.
IN NO EVENT SHALL PLUM PRINT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, REPRESENTATIVES, MEMBERS, OR SHAREHOLDERS (THE “PLUM PRINT ENTITIES”) BE RESPONSIBLE OR LIABLE FOR ANY PERSONAL INJURY, PREOPERTY DAMAGE, OTHER HARM, OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, TO YOU OR ANY OTHER PERSON ACCESSING THE SERVICES USING YOUR ACCOUNT OR USERNAME AND/OR PASSWORD, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY CONTENT, FEATURES, OR FUNCTIONALITIES OF THE SERVICES, HYPERTEXT LINKS TO THIRD-PARTY WEBSITES, ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES, OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT), INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES PLUM PRINT’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
PLUM PRINT’S TOTAL LIABILITY IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE SERVICES AND/OR PRODUCTS PURCHASED VIA THE SERVICES, AND YOU HEREBY RELEASE THE PLUM PRINT ENTITIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law. We control the Services from our offices within the State of New York in the United States of America. All matters relating to the Services, these Terms of Service, and any dispute or claim arising therefrom or related thereto, in each case, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule, whether of the State of New York or any other jurisdiction, and not by the United Nations Convention on Contracts for the International Sale of Goods.
Informal Dispute Resolution. We prefer to resolve your concerns without resorting to formal legal procedures. Before filing a claim against us, you agree to try to resolve any dispute arising out of or relating to these Terms of Service or the Services (each a “Dispute”) informally by contacting help@plumprint.com. We will attempt to resolve the Dispute informally by contacting you through email. If the Dispute is not resolved within 10 days after submission, you may bring a formal arbitration proceeding as outlined below.
Arbitration. Any Dispute that cannot be resolved informally shall be settled by binding arbitration administered in the English language by the American Arbitration Association in accordance with its Commercial Arbitration Rules in New York County, New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property or confidentiality rights, we may seek injunctive, monetary, or other appropriate relief in any state or federal court of competent jurisdiction (and we may assert both intellectual property causes of action and other appropriate causes of action in any such action), and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise. Each party shall bear its own costs and disbursements arising out of the arbitration, and shall pay an equal share of the arbitrator’s fees. Notwithstanding the foregoing, the arbitrator is authorized to grant the prevailing party its reasonable expenses and attorneys’ fees.
Indemnity. You agree to indemnify, defend and hold harmless Plum Print, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Services, your violation of any provision of these Terms of Service or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Plum Print reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Plum Print in asserting any available defenses.
Electronic Communications. Using the Services or sending emails to Plum Print constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and via the Services, satisfy any legal requirement that such communications be in writing.
Waiver. No waiver by Plum Print of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Plum Print to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Severability. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service shall continue in full force and effect.
Entire Agreement. These Terms of Service constitute the sole and entire agreement between you and Plum Print with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Service.
Assignment. These Terms of Service are not assignable, transferable, or sublicensable by you except with our prior written consent, but may be assigned or transferred by Plum Print without restriction. Any assignment attempted to be made in violation of these Terms of Service shall be void.
Headings. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Questions or Concerns. For questions or concerns about these Terms of Service, please send an email to help@plumprint.com.
PLUM PRINT BOOKS
If you order books from Plum Print, your use of the Services is also subject to all of the terms and conditions set forth below.
Pay a Deposit and Receive a Shipping Kit.
If you live in the continental United States, you will be required to pay a deposit before we ship you a Plum Print Shipping Kit. Currently the deposit is $39.99.
We do not ship Plum Print Shipping Kits to Alaska, Hawaii, or outside of the United States. If you live in any of these areas, you are required to ship your Artwork to Plum Print at your own cost. No deposit is required. Additional return shipping costs will apply.
Please keep in mind that we do not guarantee turnaround time for your order. Expedited service is available for an additional fee.
Fill the Shipping Kit with Artwork.
Once you pay the deposit, we will send you a Plum Print Shipping Kit. You may fill the Shipping Kit with Artwork, in accordance with the following guidelines and policies.
Medium. We define Artwork as original works of art created by children in any medium typically found in elementary school art classrooms. These media may include crayons, markers, pastels, colored pencils, acrylic or oil paints, watercolor paints, paper, small noodles, foam, felt, tissue paper, cotton balls, popsicle sticks, feathers, straws, yarn, leaves, corn kernels, seeds, candy, beans, or any other materials normally used by art elementary art teachers. All submitted Artwork, both 2-D and 3-D must fit securely inside the Plum Print Shipping Kit. We are not responsible for any damage to Artwork that does not fit securely inside the Plum Print Shipping Kit.
Number of Pieces of Artwork. The minimum number of pieces of Artwork for each book is 10. If you send fewer than 10 pieces of Artwork, your book may have empty pages.
The maximum number of pieces of Artwork for each book depends on the size of the book, as shown at plumprint.com/pricing. If you submit more Artwork than your book will accommodate, we will use only the number of pieces allotted, and we will decide which pieces to include and exclude in our sole discretion.
Double-sided Artwork, Artwork in the form of books or booklets, and other Artwork that cannot be easily reproduced in a single image will be counted as more than one piece in our sole discretion.
An Art Submission Form is enclosed with your Shipping Kit.
Oversized and Irregular Artwork. We will attempt to reproduce oversized or irregular Artwork but we may reject any piece of Artwork for scanning or photographing for any reason in our sole discretion.
Please note that the reproduction of any folded or rolled Artwork may show creases, folds, rolls, pleats, tucks, lines, grooves, crinkles, wrinkles, scrunches, rumples, or crumples in the final reproduction.
Artwork Reproduction Variations. We employ digital technology to reproduce the Artwork you submit. Often, variations in colors and shades may make the reproduction look slightly different from the original Artwork; however, we will attempt to retouch, restore, freshen, or refurbish electronic files of the scanned Artwork with commonly used printing pre-press methods. We will attempt to reproduce Artwork for both virtual imaging and printed reproduction so that the reproduction is as close to the original as possible and of the highest possible quality.
Artwork Handling. Preparation of submitted Artwork for scanning and photographing may involve removing objects that may hold together, attach, organize, fasten, join, connect, or affix the Artwork. It may be necessary to remove some items to enable us to scan or photograph the Artwork in order to produce a professional image and prevent damage to equipment. The items that may be removed may include tape, stickers, clips, staples, glue, nails, screws, yarn, string, chains, twist ties, or any fastener not herein listed. Some Artwork may, in our sole discretion, be detached from a background surface that is not part of the actual Artwork (such as a frame or background paper) to enable us to offer the best image and reproduction possible. We will not reconnect or refasten any Artwork that we disassemble. Artwork will not be stapled, glued, tied, clipped, taped, or refastened in any manner once prepared for reproduction.
Intellectual Property. Please ensure that all Artwork is the original work of children. We reserve the right to exclude from reproduction any Artwork that contains, or that in our sole discretion may contain, the intellectual property of any third party (for example, a page from a coloring book).
Complete the Enclosed Art Submission Form.
If you would like your Artwork to appear in your book in a specific order, you must number the back of each piece of Artwork in pencil. Artwork cannot just be placed in your desired order inside the Shipping Kit. We cannot reorder an entire book of Artwork after layout is complete.
You may mark one specific piece of Artwork to appear as the cover image of the book. If you do not select a cover image, we may select one for you.
You may include one photograph of the artist and a short blurb for the first page of your book. The photograph must be uploaded directly to the Site and must have a minimum resolution of 1,000 pixels by 1,000 pixels. Before uploading a photograph to the Site, you must have the permission of anyone appearing in the photograph.
You have the option of having all of your original Artwork returned to you at an additional cost. We cannot return a portion of the Artwork. If you choose to have your Artwork returned to you, it will arrive separate from your book. If you choose not to have your original Artwork returned to you, we will either recycle it or donate it to hospitals, nursing homes, or retirement homes, in our sole discretion.
Return the Shipping Kit to Us.
Your Shipping Kit will include a prepaid FedEx return label. Once you have filled the Shipping Kit with Artwork, attach the FedEx label to the outside of the Shipping Kit and drop it off at an authorized FedEx shipping location. We cannot arrange for pickup of the Shipping Kit. If you did not receive a return label in your Shipping Kit or have misplaced your return label, please email us at help@plumprint.com and we will send you a new one.
If you live in Alaska, Hawaii, or outside of the United States, download our Art Submission Form and address here. Then make sure to securely pack your Artwork and mail your box directly to us at the address provided at the above link.
You may also deliver your Plum Print Shipping Kit to a Plum Print Brand Ambassador. Plum Print Brand Ambassadors are independent contractors of Plum Print and are not employed or controlled by us. As a result, we cannot guarantee the safety or security of Artwork delivered to a Plum Print Brand Ambassador.
We reserve the right to charge additional fees if you do not use the authorized Plum Print Shipping Kit or if your Artwork does not fit properly or securely inside the Shipping Kit.
Pay the Final Invoice.
Once we receive your Shipping Kit we will invoice you based on the number of pieces of Artwork you have submitted and any additional charges due. If you have paid a deposit, the amount of the deposit will be deducted from the invoice.
You may change your requested book size before paying the invoice, if your book has not yet been designed. If you would like to increase the size of the book, an additional fee may apply. If you would like to reduce the size of the book, we may remove Artwork from your book in our sole discretion. We cannot take specific requests as to which pieces of Artwork to include or exclude.
You may change your requested book size after paying the invoice. This will incur an additional design fee.
There are no refunds after the invoice is paid.
If you do not pay the invoice, we will hold onto your Artwork for six months, after which we reserve the right to discard or recycle it.
Approve the Digital Proof.
Approximately one to two weeks after you pay the invoice, we will email you a link to a digital proof of your book to approve.
You can request up to four changes to the layout of your book. A change can be any one of the following: changing the layout of a single page, changing a background color, or resizing or rotating one image. We reserve the right to charge an additional design fee for any changes beyond the first four.
Once you approve the digital proof, we print your book and ship it directly to the shipping address you provided when you placed your order and paid the deposit. If you live in Alaska, Hawaii, or outside of the United States, we will ship your book to the shipping address you provided on your Art Submission Form.
OTHER PRODUCTS
Plum Print allows you to customize and purchase certain Products with the Digitized Artwork in your Image Gallery. If you order such Products from Plum Print, your use of the Services is also subject to all of the terms and conditions set forth below.
Customizing Products
You will have limited ability to edit the images you want to print on a product. Plum Print does not guarantee full customization of any Products.
Returns and Exchanges
There are no returns or exchanges on customized Products. If you receive the wrong product or a defective product, please contact us for a replacement at no additional cost. We may require photographic evidence of the defect before issuing a replacement.
Sharing Image Galleries
By default, your Image Gallery is private and can only be accessed from within your account. Plum Print will provide you a link to your Image Gallery that you can share with others. By sharing this link, you designate your Image Gallery as “shared” or “public” for purposes of these Terms of Service, and other Plum Print users and visitors to the Site will be able to view your Image Gallery and purchase Products customized with the images in your Image Gallery. If you wish to keep your Image Gallery private, do not share the link to your Image Gallery with anyone, including via email or social media.
International Orders
If you live outside of the United States, please contact Plum Print for an international shipping quote.
COPYRIGHT POLICY
We respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials, or access thereto, from the Site by submitting written notification to our Copyright Agent, who is designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
1. Your physical or electronic signature.
2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow Plum Print to locate that material.
4. Adequate information by which Plum Print can contact you (including your name, postal address, telephone number and, if available, e-mail address).
5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the written notice is accurate.
7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
Attn: Plum Print Copyright
Agent
c/o
Kushnirsky Gerber PLLC
27 Union Square West, Suite
301
New York,
New York 10003
Or faxed to (917)
398-1487
Attn: Plum Print Copyright Agent
Subject: DMCA
Notification
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with Plum Print (a “Counter-Notice”) by submitting written notification to our Copyright Agent at the address above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
1. Your physical or electronic signature.
2. An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
3. Adequate information by which Plum Print can contact you, including your name, postal address, telephone number and, if available, e-mail address.
4. A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
5. A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if you reside outside the United States, for any judicial district in which the Site may be found, and that you will accept service from the person, or an agent of that person, who provided the Site with the complaint at issue.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages, including costs and attorneys’ fees, under Section 512(f) of the DMCA.
It is Plum Print’s policy, in appropriate circumstances, to disable and/or terminate the accounts of Users who are repeat infringers.