Last Updated: July 23, 2009
Tiny Prints respects the intellectual property rights of others and expects users of the Site to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA") (the text of which may be found on the U.S. Copyright Office website at //lcweb.loc.gov/copyright/), it is Tiny Prints policy to respond to notices of any actual or alleged infringement and to terminate the accounts of repeat infringers in appropriate circumstances.If you believe in good faith that a work has been copied in a way that constitutes an infringement of your copyright, you should send a notice requesting that the material be removed, or access to it blocked. The notice must include the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is alleged to be infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Tiny Prints to locate the material on the Site; (iv) a statement that the complaining party has 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 (v) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Tiny Prints a counter-notice. Any notice or counter-notice should be sent to the Tiny Prints Designated Copyright Agent at the following address:Tiny Prints, Inc.
Attention: Copyright Protection
415 E Middlefield Rd.
Mountain View, CA, 94043
Fax: (650) 249-3578
Tiny Prints Property
Tiny Prints and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site and all content thereon other than User Supplied Material (described below) and the copyrights, images, trademarks, and logos contained therein and all intellectual property rights associated therewith.. You agree you will not remove, alter or conceal any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Site or related products and services. You agree not to circumvent, disable or otherwise interfere with security related features that prevent or restrict use or copying of the Site or use, reproduce, modify, adapt, prepare derivative works based on, reverse-engineer, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site or any part thereof without the prior written permission of Tiny Prints. This system or portions thereof are covered by U.S. Patents Nos. 5,552,994; 5,600,563; 5,748,484; and 5,751,590; Australian Patent No. 675,344; and Canadian Patent No. 2,166,963.
Your use of the Site is at your sole discretion and risk. The Site and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. TO THE FULLEST EXTENT PERMISSIBLE AT LAW, TINY PRINTS AND ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND AGENTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. Without limiting the foregoing, Tiny Prints disclaims any warranties: (a) regarding the security, accuracy, reliability, timeliness and performance of the Site; (b) regarding the goods, services, advice, information or links provided by any third parties; (d) that the Site will meet your requirements; (d) that the Site will be error-free or that any errors will be corrected; or (e) that the Site or any software incorporated into the Site will be free of viruses or other harmful components. No advice or information, whether oral or written, obtained by you from Tiny Prints, will create any warranty not expressly stated in this Agreement.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER TINY PRINTS NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, DISTRIBUTORS OR PARTNERS SHALL BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, RESULTING, ARISING OUT OF OR IN CONNECTION WITH THE SITE (INCLUDING, WITHOUT LIMITATION, SUCH DAMAGES INCURRED BY THIRD PARTIES, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF DATA), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, AND WHETHER OR NOT THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT TINY PRINTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE SHALL BE TO STOP USING THE SITE.
Some states or jurisdictions do not allow the exclusion of certain warranties and/or limitation of liability. Accordingly, some of the above exclusions and limitations may not apply to you.
Materials Submitted by Customer
Any materials submitted by you including, without limitation, photographs, images, text, graphics and other materials (collectively, "User Submitted Materials") are subject to the following terms and conditions:
- You will retain ownership of such User Submitted Materials, and you grant Tiny Prints and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display such User Submitted Materials in connection with the provision, production or promotion of any product or service by Tiny Prints.
- You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials; that your User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any copyright, trade secret right or other intellectual property or property right of any third party; that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable; and that you have the right to grant the licenses heretofore granted to Tiny Prints.
- None of the User Submitted Materials will be subject to any obligation whatsoever, whether of confidentiality, attribution or otherwise, on Tiny Prints’ part or on the part of any of Tiny Prints’ assignees, sublicensees or designees, and neither Tiny Prints nor its assignees, sublicensees or designees will be liable for any use or disclosure of any such User Submitted Materials.
- You agree that Tiny Prints may (but are not obligated to) filter any User Submitted Materials (including, without limitation, by deleting or replacing expletives or other harmful or offensive language), alter or refuse to use any User Submitted Materials (including, without limitation, by suspending processing and shipping of any order relating to any User Submitted Materials), and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to protect Tiny Prints or Tiny Prints’ affiliates, distributors, partners, licensors, licensees or other third parties, to comply with legal obligations or governmental requests, or for any other reason or purpose.
You agree to defend, indemnify, and hold harmless Tiny Prints, its officers, directors, shareholders, employees, agents, representatives, affiliates, partners and distributors from and against any and all claims, liabilities, causes of action, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Site, any actions or activities in connection with the Site, any actions or activities in connection with your account, your violation of these Terms, or the violation of any other terms and conditions of any other agreements or terms to which you are bound with Tiny Prints. You agree that Tiny Prints may at any time, and without notice, suspend or terminate your access to the Site if you fail to comply with the Terms or applicable law.
Third Party Links
Tiny Prints may provide links to third-party websites or resources from the Site. You acknowledge and agree that Tiny Prints is not responsible or liable for the availability or accuracy of, and Tiny Prints does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You assume all risks arising from your use of any such websites or resources.
These Terms constitute the entire agreement between Tiny Prints and you with respect to your use of the Site and supersede any prior or contemporaneous agreements or understandings. These Terms may be modified from time to time by Tiny Prints, and any use by you of the Site following such modification shall be deemed your acceptance thereof. Tiny Prints failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court finds that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Tiny Prints shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, without restriction. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of California.
Notice to California Users
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.