Terms of Service

Last Revised: 09/22/2024

These Terms of Service, together with any other agreements or terms incorporated by reference, including the Privacy Policy available at PrintWithMagic Privacy Policy ("Terms"), govern your use of the Services. These Terms constitute a binding and enforceable legal contract between PrintWithMagic and You. By accepting these Terms electronically, by clicking a box indicating your acceptance, or by using the Services, you agree to these Terms. If you are entering into these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the term "You" will refer to such entity and its affiliates. If the legal entity you represent does not agree with these Terms, you must not accept these Terms or use the Services.

Definitions

"Content" - Any files, data, material, and information submitted, uploaded, and stored by You through the Service.
"Platform" - PrintWithMagic's online service for transforming user-submitted photos into personalized cartoon-designed ornaments.
"Services" - Any applications, products, services, documentation, and software made available through the Platform.
"Third Party Services" - Any service, products, software, or application provided by a third party and interoperates with a Service. Such Third Party Services may be offered via a dedicated website.
"User Data" - Includes contact and payment information, statistical data, device-generated reports, audit logs, settings, preferences chosen, resource usage, free text submitted by You, and screen recording sessions.
"We", "Us", "Company", "Our" - Refers to PrintWithMagic.
"You" or "Customer" - The individual, company, or other legal entity and its affiliates for which you are accepting these Terms.

The Services

We may update the Services from time to time, including adding or removing functions.

Use of Data

The Company may collect User Data, and You hereby grant the Company permission to collect User Data available on the Platform and to use such User Data to improve the Platform's performance and functionality, enhance services and support to Company customers, and for other business purposes, including monitoring, diagnostics, comparative analyses, security assurance, remote control, and support, click performance tracking, and billing. The Company may also use User Data to comply with applicable laws or requests from governmental authorities, to prevent security threats, fraud, or other illegal activities, and to protect the rights and properties of the Company or its affiliates.

Your Content

License to Content

You grant us a worldwide, non-exclusive license to host, copy, and use your Content as required to provide You with the Services. Subject to this limited license, we do not acquire any rights in your Content, and You or your licensors retain all rights and ownership to your Content. You warrant that You have full rights to provide any Content that You upload through the Services.

Copyright Policy

We respect the intellectual property rights of others. In accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (“DMCA”), we have adopted a policy of, upon notice, restricting access to or deleting content that infringes a third party’s copyright and, in appropriate circumstances and in our sole discretion, terminating account holders or other users of the Services who are deemed to be repeat infringers of a third party’s copyrighted work.

Filing a Copyright Infringement Notice

If you believe that anything on the Services infringes a copyright that you own or control, you may file a notice of such infringement by providing the following information in writing:

Identification of the copyrighted work that is claimed to be infringed.
Identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services.
Information for our copyright agent to contact you, such as an address, telephone number, and e-mail address.
A statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owner, its agent, or the law.
A statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner.
The physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or an exclusive right that is allegedly infringed.

Notices of copyright infringement claims should be sent to: hey@printwithmagic.com.

Fees and Payment

Payment Terms

You will pay, and You authorize the Company or any of Company's resellers to charge using your selected payment method, all fees associated with the Services. Fees are non-refundable except as outlined in our return policy PrintWithMagic Return Policy.

Billing Information

You are responsible for providing complete and accurate billing and contact information and updating us on any changes to such information. Billing may be performed by a third-party service provider of the Company. We may suspend or terminate the Services if fees are past due.

Taxes

Our fees do not include taxes, levies, or duties, such as VAT, sales or use tax, and any other similar charges. We will charge tax if we are required to do so.

Use Obligations and Restrictions

Obligations

You agree to do each of the following in connection with your use of the Services:

Comply with all applicable laws, rules, and regulations, including those regarding data privacy, intellectual property rights, and export control.
Pay the fees for the Services when due.
Use reasonable security precautions for providing access to the Services by your users, customers, or other individuals to whom You provide access.

Restrictions

You must not misuse the Services. For example, you may not:

Sell, resell, or lease the Services or access or attempt to access the Services by any means other than the interface we provide or authorize.
Circumvent any access or use restrictions put in place to prevent certain uses of the Services.
Use the Services to store, share, or transmit content that is unlawful, infringing, harmful, or harassing, or that violates any person's rights, including privacy and intellectual property rights.
Attempt to disable, impair, or destroy the Services or Platform.
Reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

Intellectual Property Rights

Retention of Rights

All rights not expressly granted to You under these Terms are reserved by the Company and its licensors. The Terms do not convey to You an interest in or to the Company’s intellectual property rights. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property Rights under any law.

Indemnification

You will indemnify, defend, and hold harmless the Company, its affiliates, resellers, employees, and agents ("Indemnified Parties") from and against all liabilities, damages, and costs (including reasonable attorneys' fees) arising out of any claim, demand, suit, or proceeding by a third party alleging that your Content or your use of the Services infringes or misappropriates a third party’s intellectual property rights or violates applicable law, provided that such claim, demand, suit, or proceeding arises out of your negligent or intentional misconduct.

Disclaimers of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. EXCEPT AS EXPRESSLY STATED IN THE TERMS, WE DO NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF DEFECTS.

Limitation of Liability

EXCEPT AS PROHIBITED BY APPLICABLE LAW:

IN NO EVENT WILL THE COMPANY BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES.
IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR TO THE SERVICES EXCEED THE GREATER OF US$100.00 OR THE FEES PAID BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Term and Termination

Term

These Terms commence on the date you first accept them and will remain in effect until your subscription to the Services expires or terminates, or until these Terms are terminated.

Termination

You may stop using the Services at any time. We may suspend or terminate your access to the Services if You violate these Terms or if required by law.