Terms of Service
Last Revised 8-23-16
Effective Date: January 1, 2016
Welcome to the CAVE ART PRINTING web site, which is located at CaveArtPrinting.com (the “Web Site”). The following Terms of Service (“TOS”) contain the terms that govern your use of the Web Site and CAVE ART PRINTING Service (as defined below). These TOS describe your rights and responsibilities and what you can expect from the CAVE ART PRINTING Service. Use of the CAVE ART PRINTING Web Site constitutes acceptance of these TOS. CAVE ART PRINTING is a Trademark of CAVE ART PRINTING
CAVE ART PRINTING reserves the right to add, delete and/or modify any of the terms contained in this TOS, at any time and in its sole discretion, by posting a new agreement on the CAVE ART PRINTING Web Site. If any modification is unacceptable to you, your only recourse is to not use the Web Site and the CaveArtPrinting.com™ Service. Your continued use of the CAVE ART PRINTING Web Site following posting of a new TOS on the CAVE ART PRINTING Web Site will constitute binding acceptance of the changes.
1. The CAVE ART PRINTING Service.
CAVE ART PRINTING provides a number of Internet-based services through the Web Site (all such services, collectively, the “CaveArtPrinting.com™ Service”). One such service enables users to create customized merchandise, signs, magnetics, bumper stickers, and banners (collectively, “Products”). CAVE ART PRINTING users may create and purchase individual Products for their own use.
2. Use of the Web Site and CAVE ART PRINTING Service.
- 2.1 Eligibility. CAVE ART PRINTING will only knowingly provide the CaveArtPrinting.com™ Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the CAVE ART PRINTING Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The CaveArtPrinting.com™ Service is not intended for children under the age of 13.
- 2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the CaveArtPrinting.com™ Service and the Web Site.
- 2.3 Your License to Use the Web Site and the CaveArtPrinting.com™ Service.
- (a) CAVE ART PRINTING solely and exclusively owns all intellectual property and other rights, title and interest in and to the CaveArtPrinting.com Service and Web Site, except as expressly provided for in these TOS. For example and without limitation, CAVE ART PRINTING owns the trademark CaveArtPrinting.com™(TM), the copyrights in and to the Web Site, and certain technology used in providing the CaveArtPrinting.com™ Service. You will not acquire any right, title or interest therein under these TOS or otherwise.
- (b) CAVE ART PRINTING grants you a limited revocable license to access and use the Web Site and the CaveArtPrinting.com™ Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by CAVE ART PRINTING; to compete with CAVE ART PRINTING; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach this TOS, CAVE ART PRINTING may revoke the license granted to you, AND PURSUE ANY OTHER LEGAL COURSE OF ACTION PERMITTED UNDER APPLICABLE STATE OR FEDERAL LAW.
- (c) This Section 2.3 does not pertain to your intellectual property rights. For information regarding your intellectual property rights, please see Section 4.1.
3. General Rules.
- 3.1 Prohibited Use. You may only use the CaveArtPrinting.com™ Service as expressly permitted by CAVE ART PRINTING. You may not cause harm to the Web Site or the CaveArtPrinting.com™ Service. Specifically, but not by way of limitation, you may not: (i) interfere with the CaveArtPrinting.com™ Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the CaveArtPrinting.com™ Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Web Site, except in the operation or use of an internet “search engine”, hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the CaveArtPrinting.com™ Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain CAVE ART PRINTING’s name or trademarks; (vii) engage in any activity that interferes with another user’s ability to use or enjoy the CaveArtPrinting.com™ Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by these TOS.
- 3.2 Prohibited Use Promise. By using the CAVE ART PRINTING Web Site, you are promising that you are not using the CaveArtPrinting.com™ Service or the Web Site for any of the Prohibited Uses.
4. Use of Your Content.
You do not lose ownership of the Content that you design on, or upload to, the Web Site. By uploading Designs to the Web Site or creating Designs with CAVE ART PRINTING’s design tools, however, you may be asked to grant the following licenses to CAVE ART PRINTING: the nonexclusive, worldwide, transferable, sublicensable right to copy, crop, reproduce, publicly display, and distribute the Design in advertising, marketing, samples, and promotional materials for the purpose of promoting the Web Site and Products; and the right to make modifications to your Design as CAVE ART PRINTING, in its sole discretion, finds necessary to achieve the above listed purposes.
You may remove the Content you designed at any time, and you retain any copyright and other intellectual property rights in that Content. If you choose to remove Content that you designed or uploaded and notify CAVE ART PRINTING of your intention to terminate the licenses described in the above paragraph, those licenses will terminate, except that CAVE ART PRINTING may fulfill all orders that are in any way derived from that Content placed prior to notice of termination and may continue to use said Content in marketing and promotional materials.
5. Reservation of Rights.
- 5.1 Monitoring. CAVE ART PRINTING reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Web Site. If CAVE ART PRINTING determines, in its sole and absolute discretion, that you or another CAVE ART PRINTING user have breached or will breach a term of these TOS or that such transaction or communication is inappropriate, CAVE ART PRINTING may cancel such transaction or take any other action to restrict access to or the availability of any material that we may consider objectionable, without any liability to you or any third party.
- 5.2 Modification of the Service. CAVE ART PRINTING may modify the CaveArtPrinting.com™ Service at any time with or without notice to you, and will incur no liability for doing so.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information (“Submissions”), you grant CAVE ART PRINTING permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that CAVE ART PRINTING will have no obligation to keep any Submissions confidential. You will not bring a claim against CAVE ART PRINTING based on “moral rights” or the likes arising from CAVE ART PRINTING’s use of a Submission. This Section does not apply to your Content that will appear as part of your product that you use in connection with CaveArtPrinting.com™ Service.
7. Representations and Warranties.
- 7.1 Mutual Representations and Warranties. You represent and warrant to CAVE ART PRINTING and CAVE ART PRINTING represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of your or its obligations under these TOS do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TOS are a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with their terms and conditions.
- 7.2 By You. You represent and warrant to CAVE ART PRINTING that, your use of the CaveArtPrinting.com™ Service and any order that you place with CAVE ART PRINTING: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or any other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to CAVE ART PRINTING that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) CAVE ART PRINTING will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that CAVE ART PRINTING incurs in providing the CaveArtPrinting.com™ Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
8a. Disclaimers and Exclusions.
- 8a.1 DISCLAIMER OF WARRANTIES. CAVE ART PRINTING PROVIDES THE WEB SITE AND CaveArtPrinting.com™ SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. CAVE ART PRINTING DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, CaveArtPrinting.com™ SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. CAVE ART PRINTING MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
- 8a.2 EXCLUSION OF DAMAGES. CAVE ART PRINTING WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE CaveArtPrinting.com™ SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8b. Limitation of Liability.
- 8b.1 LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF CAVE ART PRINTING EXCEED THE VALUE OF SIGNS RECEIVED OR SERVICES RENDERED. THE VALUE OF SIGNS OR SERVICES ARE LIMITED TO THE STATED VALUE ON THE CAVE ART PRINTING WEB SITE OR AS STATED BY AN AUTHORIZED CAVE ART PRINTING AGENT.
You agree to indemnify and hold CAVE ART PRINTING and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of these TOS through any act or omission, including but not limited to any claim that your content infringes or violates the legal rights of any other party. If you have to indemnify CAVE ART PRINTING under this Section, CAVE ART PRINTING will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without CAVE ART PRINTING’s express written permission.
- 10.1 Termination. CAVE ART PRINTING may suspend or terminate your use of the Web Site or CaveArtPrinting.com™ Service if it believes, in its sole and absolute discretion, that you have breached a term of these TOS.
- 10.2 Survival. Notwithstanding Section 10.1 above, these TOS will survive indefinitely unless and until CAVE ART PRINTING chooses to terminate them
- 10.3 Effect of Termination. If you or CAVE ART PRINTING terminates your use of the Web Site or the CaveArtPrinting.com™ Service, CAVE ART PRINTING may delete any Content or other materials relating to your use of the CaveArtPrinting.com™ Service on CAVE ART PRINTING’s servers or otherwise in its possession and CAVE ART PRINTING will have no liability to you or any third party for doing so.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to CAVE ART PRINTING, you must use the following address: 1014 N Chinquapin Ave, Yellville, AR 72687. Service@caveartprinting.com™. If CAVE ART PRINTING provides notice to you, CAVE ART PRINTING will use the contact information provided by you to CAVE ART PRINTING. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.
12. Dispute Resolution.
All disputes arising out of, relating to or connected with these TOS or your use of any part of the CaveArtPrinting.com™ Service will be exclusively resolved under confidential binding arbitration held in Marion County, Arkansas before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Arkansas law (without regard for conflicts of law principles). The arbitrator’s award will 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 TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator’s award will be brought exclusively in a federal or state court located in Marion County, Arkansas. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Arkansas State courts in Marion County. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the CaveArtPrinting.com™ Service must be asserted individually. Notwithstanding anything to the contrary in this Section 12, either party may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Arkansas without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of CAVE ART PRINTING. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and CAVE ART PRINTING are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.