1. USER’S ACCEPTANCE OF UPLOAD RULES:
By uploading any materials, including images, illustrations, designs, icons, photographs, logos, artwork, or other written materials (hereinafter collectively “User’s Artwork”), User agrees to the terms and conditions of these “Upload Rules”. If you do not agree to any of these terms, you are not authorized to use the PrintAura.com Website. PrintAura.com may, in its sole discretion, modify or revise these Upload Rules and other policies at any time, and User agrees to be bound by such modifications or revisions. PrintAura.com strongly recommends that User periodically review the most up to date version of these Upload Rules. Nothing in this agreement shall be deemed to confer any third party rights or benefits.
2. USER’S GUARANTEE:
User guarantees and warrants that all User’s Artwork uploaded to the PrintAura.com Website, for any purpose, was created by User and/or User is the owner, or authorized licensee of the owner, of all use rights to the User’s Artwork, particularly, but not limited to, intellectual property rights, such as trademarks, copyrights and patents, and other rights pertaining to ownership and use. If PrintAura.com has any reason to suspect that User has breached this guarantee and/or warranty; or if PrintAura.com becomes aware of any claims of infringement, disputes concerning ownership, allegations concerning the right to use the User’s Artwork, or any other breach of User’s guarantee and/or warranty under this paragraph, PrintAura.com reserves the right to remove or limit all access to the User’s Artwork, suspend and/or terminate User’s access to the PrintAura.com Website and/or suspend and/or terminate User’s account.
3. USER’S KNOWLEDGE OF THIRD PARTY RIGHTS:
User guarantees and warrants that User is unaware of any third party which has, or can claim, any rights to User’s Artwork uploaded to the PrintAura.com Website contrary to or in opposition to User’s rights, or any right which could be used as a basis for a claim of infringement or any type of opposition to User’s rights, whether such rights be in copyright, trademark, patent, or other intellectual property, and whether such rights be registered, common law or otherwise.
4. USER’S GUARANTEE AS TO LEGALITY:
User guarantees and warrants that all User’s Artwork uploaded to the PrintAura.com Website is in accordance with all statutory regulations, Federal rules and regulations, state laws, municipal laws, local laws and other legal authority, of both the location where User uploads the artwork and the location of PrintAura.com.
5. PRINTAURA.COM TERMINATION RIGHTS:
If any third party asserts any claim of infringement or rights to any User’s Artwork uploaded by User, PrintAura.com reserves the right to terminate all access to the User’s Artwork. .
6. PROVISION OF INFORMATION:
User agrees to immediately inform PrintAura.com, in writing, of any claim of infringement or contrary ownership rights made against User in connection with any User’s Artwork uploaded to the PrintAura.com Website. User further agrees to provide PrintAura.com with all relevant information, including, but not limited to, the specific User’s Artwork(s), the name of the party making a claim of infringement or contrary ownership rights, contact information for the party making the claim of infringement or contrary ownership rights, the basis of the claim and the basis of the User’s claim of ownership rights in the User’s Artwork.
7. PRINTAURA.COM’S RIGHT TO REFUSE:
PrintAura.com reserves the right to refuse to accept, to limit access to, to remove, and/or to refuse to print any User’s Artwork which PrintAura.com considers to be amoral, scandalous, offensive or in bad taste. Any determination under this paragraph is at the sole discretion of PrintAura.com, and User agrees to be bound by the decision of PrintAura.com.
User agrees to defend and indemnify PrintAura.com, its officers, directors, agents, and employees against all costs, expenses and losses (including reasonable attorney’s fees and costs) incurred through the claim of a third party against PrintAura.com based on the infringement of any rights of said third party by the User’s Artwork uploaded to PrintAura.com.
All disputes concerning any User’s Artwork shall be resolved by the courts of the State of California, including the United States District Court, and all parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to them.
10. AGREEMENT BINDING ON SUCCESSORS:
Provisions of this these Upload Rules shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, assigns and successors.
11. NO JOINT VENTURE:
Nothing contained herein shall be construed as creating a joint venture or making any party the agent of any other party.
If any term, clause, or provision of these Upload Rules is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision; and such invalid term, clause or provision shall be deemed to be separate from these Upload Rules, and these Upload Rules shall be enforceable to the fullest extent of the law without such invalid term, clause or provision therein.