Terms of service agreement
I. Up Safety Solutions provides service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice. By accessing any page on this site, you agree to be irrevocably bound by these terms and conditions.
By submitting or requesting any artwork to be made via the service YOU ARE REPRESENTING that IT DOES NOT VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANYONE OR ANY THIRD PARTY by asking us to do so on your behalf. That you have a lawful fair use right (not markholder approval) to copy and use the requested materials and direct us under contract to reproduce the specified materials on your behalf and for your use. These materials are for advertising and promotional give aways, or for your personal use only and are not to be resold. You are declaring YOUR FAIR USE right to copy and use the requested materials and conveying YOUR RIGHT to NBFP to do it for you as if you had made them yourself.
Up Safety Solutions is not affiliated with, sponsored by, licensed, or associated with any company. Any company logos previewed are the registered marks of their respective companies and are for demonstration purposes only, to show examples of our graphics capabilities, of work done or what can be done. For self-identification of the style and type needed, timely and accurate reproduction, proportional scaling and proofing. We do not premanufacture anything and only stock raw materials. We do not sell any "officially licensed" merchandise of or for any company.
YOU AGREE THAT YOU, THE CUSTOMER, are CONTRACTING US TO REPRODUCE THE ARTWORK YOU SUBMITTED OR REQUESTED, AND, YOU ACKNOWLEDGE THAT THE WORK IS BEING DONE ON YOUR BEHALF, AT YOUR DIRECTION as THOUGH YOU REPRODUCED IT YOURSELF. YOU hereby acknowledge that YOU are SOLELY RESPONSIBLE for the artwork reproduction AS WELL AS ITS SUBSEQUENT USE which is beyond our control.
Typical print and sign company customers may be, among others, ANY INDIVIDUAL exercising THEIR MANY STATUTORY FAIR USE, FIRST SALE, and NONCOMMERCIAL USE RIGHTS AFFORDED EVERYONE UNDER TRADEMARK LAW that DO NOT REQUIRE CONSENT from the mark holder, e.g. parody, satire, any functional use, any use not as a trademark, use of the logo to identify the markholder and their goods and services in commentary, any noncommercial use, news reporting, comparative advertising, etc. Many are uses that the markholder would not approve of, and all are listed in the Lanham Act as exemptions. Other users include registrants, licensees, dealers, resellers, charity organizers, and sponsorship recipients.
Most individuals and businesses do not own a sign or print company capable of reproducing graphics in every format and size needed as decals, banners, signs and advertising products and rely on the commercial print sign and promotional products industry.
You further understand that we the print or sign company are not authorizing or directing the reproduction of anything requested made via this service, YOU ARE.
You further understand that it is YOU who is contracting US, the sign and graphics company of YOUR CHOICE to reproduce the materials specified by YOU.
We service the needs of manufacturers, printing, advertising brokers and individuals. You hereby affirm that by submitting or requesting any artwork to be made via the service YOU ARE REPRESENTING that YOU are not violating the intellectual property rights of anyone or any third party by asking us to do so on your behalf. And by doing so you assume all legal responsibility involving any alleged damages arising from any trademark or copyright infringement issues resulting from your representations or use of the service.
Our website is constructed in such a way that to place any order requires you read and agree to these terms of service. All orders, regardless of how they are placed, carry with them the responsibility and implied assurance by the customer that it does not violate the law, just as a check tendered for payment is an implied representation that the funds are available at the time it is written.
By requesting or submitting any design to us, to reproduce via the service YOU ARE DECLARING THAT IT DOES NOT VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANYONE OR ANY THIRD PARTY, including copyright, service mark, trade name, trademark, logo, portrait, graphic, artwork, statement, photograph, picture or illustration of any person or any other intellectual property included in such design.
Further you warrant and represent that no part of the design: (1) is the subject of any notice of such infringement you have received; (2) violates or infringes upon any common law or statutory right of any person or entity, including, but not limited to, rights relating to copyrights, trademarks, contract rights, moral rights or rights of public performance or (3) is subject to any restriction or right of any kind or nature whatsoever which would prevent us from legally reproducing FOR YOU the images or text submitted.
All images shown on this web site containing corporate logos or registered trademarks are shown only to illustrate our logo reproduction capabilities, for identification, selection of the particular style, proportional scaling and proofing as well as work that can be or has been done.
Attention trademark and copyright attorneys representing others' intellectual property: There are those engaged in the intellectual property profession TROLLING THE WEB who allege to be unaware of how the nearly $40 billion commercial printing and ad specialty industries have been servicing virtually every company's commercial printing and advertising needs for over 10 decades. FEDEX KINKOS, PIP PRINTING, STAPLES, SIR SPEEDY and all other online services operate in the exact same manner.
You are hereby notified: We are a commercial reprographics sign, print, advertising, and specialty products company. Our service is capable of custom manufacturing as per your specified requirements digital graphics, screen printing, and vinyl advertising materials. Our custom print on demand services are available to meet any company, organization or individual's needs. We do not stock any products; we only produce custom orders at the request of those who affirm that anything they submit or request to be made via our service does not violate the intellectual property rights of anyone or any third party. We operate under the $39 billion industry-standard guidelines of the Advertising Specialty Products and Commercial Printer Industries. We are not associated with any company and have no interest in joining any licensing, affiliation, or sponsorship programs you have or offer.
To illustrate: When John Doe submits an order for business cards that include a well-known trademarked logo of a real estate brokerage's franchise company, the print shop is unable to know if John Doe is or will remain a licensed real estate agent with the firm or will use the cards in a non-infringing manner. There are tens of thousands of real estate agencies and agents changing daily. The responsibility of determining whether your use of any trademarks or copyrighted material requested by you to be made via our service are lawful lies entirely with you or your company. The print industry relies on the truthful representations of their customers like all other industries. The commercial PRINT ON DEMAND custom reprographics industry.
We service advertising firms who are employed through direct, second, third, and fourth-party contracts for many national manufacturers. We can provide business cards, brochures, license plate frames, dealer identification graphics for application to autos, walls, windows, arena banners, and many other advertising specialty products.
You agree to defend, at your sole expense, any claim, suit, or proceeding brought against us, and our subsidiaries, affiliates, officers, agents, co-branders, print vendors, business partners, employees, successors or assigns which relates to, or is based upon, a claim that any portion of the design infringes or constitutes wrongful use of any copyright, trademark, or other right of any third party. You agree to pay any damages and costs assessed against us pursuant to such a suit or proceeding. Further, you agree to indemnify and hold us harmless from and with respect to any such loss or damage (including, but not limited to, reasonable attorneys' fees and costs) associated with any such claim, suit or proceeding.
You further agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders, print vendors, business partners, employees, successors or assigns harmless from any claim or demand, including reasonable attorneys' fees, made by you, an agent of yours, or any third party due to or arising out of Content you submit, request, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of the rights of a third party. You further agree to reimburse us for all expenses resulting from any such claims or demands.
III. We currently provide our customers with access to instant quoting, design online and other printing resources (collectively, the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to these TOS. You understand and agree that the Service is provided "AS-IS" and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication, design, graphic, or photo that you or any other person customizes or supplies.
The typefaces on final printed products are graphic representations of the original fonts that appear on your screen. As these technically exist only on our servers, it is not possible to download these typefaces.
V. Personal data
VI. Customer Content
You understand that all information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you send, upload, post, request or otherwise transmit via the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree to not use the Service to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of ours or any third party. We do not control the Content posted by Customers and we do not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will we be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable. When you, or someone to whom you have given authorization, orders a print item or any materials to be manufactured, proofed or previewed via our service, you grant us the world-wide, royalty free and non-exclusive license to use, reproduce, sublicense, modify, adapt, publish, display and create derivative works from the Content on the Service and on the printed product for the purposes of storing designs, processing print orders, and for marketing and promotional purposes. We reserve the right to use all materials in advertising, displays, and as samples unless otherwise agreed upon in writing prior to the placement of an order. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) in our sole discretion to remove any Content that violates the TOS or may otherwise be objectionable. You further acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of our business, our customers and the public.
VII. No Resale Of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
VIII. General Practices Regarding Use And Storage
You acknowledge that we may establish general practices and limits concerning your use of the Service, including without limitation the maximum number of days that designs or other uploaded Content will be retained by the Service, the maximum size of any Content that may be uploaded on the Service,and the maximum disk space that will be allotted on our servers for Customer use. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted to the Service. You acknowledge that we reserve the right to delete Content stored on the Service which is inactive for an extended period of time. You acknowledge your representations of the lawful right to use and the uploading, viewing, submitting, or requesting of any artwork is a warranty and guarantee that you have and are conveying to us the authorization to render images and manufacture any orders placed by you. You further acknowledge that we reserve the right to change our general practices and limits at any time, in its sole discretion, with or without notice to you.
IX. Modification Or Termination To Service
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that at our sole discretion, we may terminate your password, account (or any part thereof) or your use of the Service, and remove and discard any Content for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of the TOS. We may also at our sole discretion, and at any time, discontinue providing the Service, or any part thereof, with or without notice to you. You agree that we shall not be liable to you for any loss or damage you may suffer due to any modification, suspension, termination or discontinuance of the Service.
X. Dealings With Third Parties
Your correspondence or business dealings with, or participation in promotions of, any third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Service.
From time to time, you may find, links to third party websites from the Service. You acknowledge your understanding that your access to and use of any third party website will be governed by the terms and conditions belonging to such third party. We do not endorse and we are not responsible for your use of or exposure to any content, advertising, products, or other materials found at or available from these websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss you may suffer or allege to suffer in connection with your use of or reliance upon any content, goods or services available on or through any third party website.
XII. Disclaimer Of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. The service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. (B) We make no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, and (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations. (C) No advice or information, whether oral or written, obtained by you from us or through the use of the service shall create any warranty not expressly stated in the TOS.
XIII. Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, VENDORS OR OTHER BUSINESS PARTNERS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SERVICE; (ii) YOUR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
XIV. Trademark Information
Our company name and web site address are our trademarks. All other brand and product names found on the site are considered trademarks or registered trademarks of their respective companies and are for demonstration purposes. You may not use any trademarks, service marks, or logos printed via our Service in any manner that violates trademark or copyright law. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. You may not use copyrighted materials in any design to be made via our services from artists, photographers, publishers, writers, composers, and other authors of original works unless you are lawfully able to do so.
XV. Copyrights, Trademarks, and Licenses
We respect the intellectual property of others, and we ask our customers to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the site; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
XVI. General Information
The TOS constitute our entire agreement with you and govern your use of the Service, superseding any prior agreements between us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, or third-party content. These TOS and the relationship between us shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions. We collectively agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Montgomery, Texas. Our failure to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please report any violations of the TOS to our staff.
XVIII. Color Matching
Digital proofs are provided upon request via email or the web. Color matching is done to the best of our ability. Due to the infinite configuration possibilities of end-user hardware and software, it is impossible to perfectly match the proof that is provided. All proofs are understood to be close representations of the printed product, and will inevitably have a certain degree of deviance from a monitor's image.
Under no circumstances will a refund be issued for any custom printed graphics. All graphics produced are completely custom, and are therefore only of value to the original purchaser. We may replace defective graphics if the original defective portion of the graphic is returned to us in its entirety. Defects are limited to faulty materials or workmanship. Products damaged in shipment or by third-party carriers are beyond the control of both us and our customers. Unless the carrier honors the claim for reimbursement in the event of damages, we cannot replace or refund any order or shipping and handling. Under no circumstances will installation error be considered a defect.