Terms & Conditions
Acceptance of Terms of Use.
Please read these Terms of Use carefully. These Terms of Use govern your access
and use of this Site. By accessing or using this Site 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 Site. All such additional
posted guidelines, restrictions, or rules are hereby incorporated by reference into
these Terms of Use. Utharaprint.com Ltd reserves the right to make changes to this
Site and to these Terms of Use at any time without prior notice. You should review
these Terms of Use each time you access this Site.
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 provided to us when you registered at our website. You may withdraw
your consent to receive communications from us electronically by contacting customer
care. However, if you withdraw your consent to receive our communications electronically,
you must discontinue your use of your account.
Utharaprint.com Ltd graphic design services are subject to additional terms of use
found here. Utharaprint, Terms of use.
Standard for Electronic Transactions.
Utharaprint.com Ltd is governed by, is obligated to comply with, and fully supports
the spirit of the Bermuda Standard for Electronic Transactions.
Copyrighted Materials for Limited Use.
This Site contains graphics, photographs, images, document layouts, artwork, text,
fonts, music, software tools, and other information (referred to herein as “Content”).
This Site and all Content are the copyrighted property of Utharaprint.com Limited,
and/or its subsidiaries (referred to herein as “Utharaprint.com Ltd”) or the copyrighted
property of parties from whom Utharaprint.com Ltd has licensed such property. All
rights in this Site and its Content are reserved worldwide. It is strictly prohibited
to retain, copy, distribute, publish, or use any portion of the Content except as
expressly allowed in these Terms of Use. Utharaprint.com Ltd reserves the right
to add to, delete from, or modify any part of Content at any time without prior
notice.The logo design tools provided on this Site employ a limited number of elements,
including icons, fonts, colour schemes, and design effects. Utharaprint.com Ltd
reserves the right to use all such elements and to make all such elements available
for use by other parties in the future. You do not obtain any right or claim to
any of the individual logo design elements through your creation of a logo design
and/or your incorporation of a logo design into one or more products. Other Utharaprint.com
Ltd customers may use the design tools to create logos that have similar or identical
combinations of these elements and Utharaprint.com Ltd does not guarantee that your
logo will not have similarities to logos designed and used by other parties. Utharaprint.com
Ltd provides no warranty of any kind that logo designs created using the design
tools will not infringe, or be subject to a claim of infringing, the trademark or
other rights of another party. It is solely your responsibility to obtain the advice
of an attorney regarding whether the logo design is legally available for your use
and does not infringe the rights of another party.
Use of Site.
You are granted permission to access and use this Site and its Content for the sole
purpose of preparing, evaluating, and ordering products or services solely through
Utharaprint.com Ltd (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 Utharaprint.com Ltd does not entitle you to use
any portion of Content apart from the finished Products as they are supplied by
Utharaprint.com Ltd. You agree to use this Site 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 Site to produce Products that are offensive, unlawful, harassing,
libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Utharaprint.com
Ltd may terminate its service to customers found to be using Utharaprint.com Ltd
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 libel or defame
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
Site, you warrant that you have all necessary permission, right and authority to
place the order and you authorize Utharaprint.com Ltd to produce the Products on
your behalf. You may not use this Site to send or use e-cards in any manner that
would constitute the transmission of Spam or unsolicited e-mails. You may not use
scripting or other programs to automate the creation and/or transmission of e-cards.
Utharaprint.com Ltd reserves the right, in its sole discretion, at any time, and
without prior notice, to limit the number of recipients to which you may send an
e-card and/or limit the number of e-cards that you may send. You may not use this
Site to send or use e-cards in any manner that would constitute the transmission
of Spam or unsolicited e-mails. You may not use scripting or other programs to automate
the creation and/or transmission of e-cards. Utharaprint.com Ltd reserves the right,
in its sole discretion, at any time, and without prior notice, to limit the number
of recipients to which you may send an e-card and/or limit the number of e-cards
that you may send.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.
The customer agrees that the shipping terms for all printed Products are FOB shipping
point and ownership transfers to 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 Site.
Indemnification.
You agree that you shall indemnify and defend Utharaprint.com Ltd and all parties
from whom Utharaprint.com Ltd 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 Site Content.
Disclaimer of Warranty.
THE SITE 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 SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS
OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND
LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
Limitation of Liability
IN NO EVENT SHALL UTHARAPRINT.COM LTD 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 UTHARAPRINT.COM LTD HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE
OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU
ORDER FROM UTHARAPRINT.COM LTD OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION,
DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE.
IN NO EVENT SHALL UTHARAPRINT.COM LTD BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR
CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIsED USE OF
THIS SITE OR ITS CONTENT.
Site Feedback
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”)
provided to Utharaprint.com Ltd in connection with the operation or content of this
Site shall be provided by the submitter and received by Utharaprint.com Ltd on a
non-confidential basis. All such comments, suggestions, and other information shall
become the exclusive property of Utharaprint.com Ltd. By submitting any such information
to Utharaprint.com Ltd, 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 Utharaprint.com
Ltd shall be free to use such information on an unrestricted basis.
Governing Law
Utharaprint.com Limited is based in Poole, dorset and all transactions take place
on UtharaPrint.com Ltd's servers located in the U.K. Issues related to the protection,
infringement, or misuse of copyrighted materials shall be governed by the copyright
laws of the United Kingdom. All other matters relating to your access to or use
of this Site shall be governed by the laws of the United kingdom. Any legal action
or proceeding relating to or arising from your access to or use of this Site shall
be instituted in Dorset, U.K. You agree to submit to the jurisdiction of Dorset
courts and agree that venue in these courts is proper in any such legal action or
proceeding.