1. Acknowledgement and Acceptance of Terms of Service|
The Pipeline Flyers Services (the "Services") are owned and operated by Turnkey Flyers, and are offered via the World Wide Web at the URL www.PipelineFlyers.com (the "PF Site").
In order to place an order and purchase any of the Services, Customer must read the terms and conditions of this PFTS, and agree to be legally bound by the terms and conditions imposed on Customer by this PFTS. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "SUBMIT" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS PFTS. ANY ORDER OR PURCHASE OF Pipeline Flyers SERVICES BY CUSTOMER CONSTITUTES AN EXPRESS AND IRREVOCABLE ACCEPTANCE OF THIS PFTS.
2. Description of Services
The Pipeline Flyers Services comprise the following:
(a) Design Templates. Pipeline Flyers may provide Customer with a capability to transmit text and digital image files to Pipeline Flyers for the purpose of personalizing Pipeline Flyers-compatible templates.
(b) Printing. Pipeline Flyers may provide Customer with the capability to purchase prints ("Print Job") of Pipeline Flyers-compatible templates personalized via the PF Site.
(c) Direct Mail. Pipeline Flyers may provide Customer with a capability to transmit documents and an associated address list ("Mail Job") to Pipeline Flyers for processing and delivery to the United States Postal Services.
(d) List Acquisition. Pipeline Flyers may provide Customer with the capability to purchase mailing lists for direct marketing purposes. This Service may be offered by a third-party vendor, and use of such Services requires Customer to review and accept a separate Terms of Services specific to list acquisition.
(e) Design Services. Pipeline Flyers may provide Customer with certain design services relating to direct mail and marketing, both the creation of Pipeline Flyers-compatible templates, and complete design and creation of Pipeline Flyers-compatible templates.
3. Modifications to Terms of Service
Pipeline Flyers may amend this PFTS at any time without notice to Customers by posting the changes on the PF Site, and any such changes will be effective seven (7) business days after being posted. Customer's continued use of the Services subsequent to the effectiveness of any amendment to the PFTS constitutes: (1) an affirmative acknowledgment by Customer of the PFTS and its modifications; and (2) an affirmative agreement by Customer to abide and be bound by the PFTS and its modifications.
4. Modifications to Services
Pipeline Flyers reserves the right to modify or discontinue any or all of the Services with or without notice to Customers. Pipeline Flyers shall not be liable to Customer or any third party should Pipeline Flyers exercise its right to modify or discontinue any or all of the Services.
5. Service Warranty
If Pipeline Flyers fails to process a direct Mail Job or Print Job in accordance with the specifications submitted by a Customer and accepted by Pipeline Flyers, then Pipeline Flyers shall repeat the Job in whole or in part as case may be, at no expense to the Customer. If a repeat Job is not feasible, then Pipeline Flyers shall, in its sole discretion, issue a credit to the extent of any portion of the Job not processed satisfactorily.
With respect to the Design Services, Pipeline Flyers will perform such Service consistent with generally accepted industry standards. If Pipeline Flyers fails to perform a Design Service Job in accordance with the specifications submitted by at Customer and accepted by Pipeline Flyers, the Pipeline Flyers may, in its sole discretion, repeat or revise the Job and/or issue a credit in whole or part.
Because the List Acquisition Service may be offered by a third-party vendor, Pipeline Flyers does not make any warranty regarding such Service.
THE ABOVE-STATED WARRANTIES ARE THE ONLY WARRANTIES APPLICABLE TO THE SERVICES, AND ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY. A REPEAT MAILING, IN WHOLE OR IN PART, OR CREDIT IF APPROPRIATE, OR A REPEAT OR REVISED DESIGN SERVICE JOB OR CREDIT IF APPROPRIATE, AS APPLICABLE ARE A CUSTOMER'S SOLE REMEDY FOR ANY BREACH OF WARRANTY. THE WARRANTIES SET FORTH HEREIN WITH RESPECT TO ANY DIRECT MAIL OR PRINT JOB WILL NOT APPLY IN THOSE CASES WHERE THE FAILURE TO PERFORM WAS AS A RESULT OF ERRORS IN INFORMATION SUPPLIED BY A CUSTOMER.
6. Disclaimer of Warranties and Limitation of Liability
(a) THE PF Site AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE " WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, " WHETHER EXPRESS OR IMPLIED, EXCEPT AS MAY BE SPECIFICALLY STATED IN THIS PFTS. Pipeline Flyers MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT OR SERVICE PROVIDED THROUGH OR ACCESSIBLE VIA THE FM SITE. WITHOUT LIMITED THE FOREGOING, Pipeline Flyers SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE PF Site, CONTENT, INFORMATION AND SERVICES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS. Pipeline Flyers WILL NOT BE RESPONSIBLE FOR LOST OR DAMAGED ARTWORK, SLIDES, PHOTOS OR TRANSPARENCIES, WHETHER INTENDED FOR USE IN DIRECT MAIL, PRINTING, FOR THE PURPOSE OF DESIGN SERVICES, OR OTHERWISE. NO ORAL COMMUNICATION OR WRITTEN INFORMATION, OTHER THAN AS CONTAINED IN THIS PFTS, GIVEN BY Pipeline Flyers OR ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS OR OTHER REPRESENTATIVES SHALL CREATE A WARRANTY. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
(b) THE FOREGOING IS A COMPREHENSIVE LIMITATION OF LIABILITY. AS A CUSTOMER, YOUR USE OF THE PF Site, CONTENT AND SERVICES IS AT YOUR OWN RISK. NEITHER Pipeline Flyers NOR ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY COMPENSATORY, DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF THIRD PARTIES ARISING FROM THE USE OF THE PF Site, ITS CONTENT OR THE SERVICES, REGARDLESS OF THE LEGAL THEORY (E.G., CONTRACT, STATUTORY, OR TORT, INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF RELIANCE BY A CUSTOMER ON INFORMATION OBTAINED FROM Pipeline Flyers OR THE PF Site, OR FOR DAMAGES THAT RESULT, IN WHOLE OR PART, FROM ANY MISTAKE, OMISSION, VIRUS, DELAY IN OPERATION, INTERRUPTION OF SERVICE, OR COMMUNICATIONS FAILURE, WHETHER OR NOT CAUSED BY AN ACT OF GOD. Some states do not allow the exclusion or limitation of liability for certain damages, e.g., consequential or incidental damages, so the above exclusions may not apply to some Customers. In such circumstances, Pipeline Flyers ' liability shall be limited to the fullest extent permitted by law.
7. Customer Conduct and Responsibilities
(a) All information requested on a Customer's original sign-up or registration with Pipeline Flyers shall be referred to herein as registration data ("Registration Data"). If any information provided by Customer is inaccurate, Pipeline Flyers retains the right to terminate Customer's access to and rights to use the Services.
(b) Upon registration, Customer must establish a User Id and Password. Each Customer is solely responsible for maintaining the confidentiality of his/her/its User Id and Password, and for the uses of Customer's Pipeline Flyers account, whether or not expressly authorized by Customer.
(c) Each Customer's access to and use of the PF Site and Services is subject to all applicable local, state, national and international laws and regulations. As a Customer, you agree to be solely responsible for the contents of your transmissions to the FM Site and use of the Services. Further, you agree: (1) to comply with all US law regarding the transmission of technical data exported from the United States through or using the Services; (2) not to use the Services for illegal purposes; (3) not to interfere or disrupt networks connected to the Services; and (4) to comply with all regulations, policies and procedures of networks connected to the Services. Customer agrees not to transmit or to use the Services to transmit any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature, or to interfere with, abuse or otherwise violate the legal rights of any third party using the PF Site or Services. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation, including but not limited to any material or information that infringes any patent, trademark, trade secret, copyright or any other proprietary rights of any party, or any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Attempts to gain unauthorized access to other computer systems are prohibited. Pipeline Flyers may, at its sole discretion, immediately terminate Services should Customer's conduct fail to conform to these terms and conditions of the PFTS.
(d) With respect to the Direct Mail Services offered by Pipeline Flyers, Customer specifically agrees to abide by all applicable state, federal and international law regarding direct mail, as applicable, and to comport with the guidelines established by the Direct Marketing Association.
8. Proprietary Rights
Customer acknowledges and agrees that Pipeline Flyers, and/or Pipeline Flyers' licensors, retain all right, title, and interest including, without limitation, all patents, trademarks, trade names, inventions, copyrights, know-how, and trade secrets embodied in or otherwise relating to, the software and other technology used to provide the Services (collectively, the "FM Technology ") and the PF Site and in all content of the PF Site, " including but not limited to text, software, music, sound, photographs, video, and graphics (the "PF Site Content"). The PF Site Content is subject to and protected by U.S. and international copyright laws, trademarks, service marks, patents or other proprietary rights and laws; therefore Customer is only permitted to use the PF Site Content as expressly authorized. Customer may not reproduce, distribute, or make derivative works of the Site Content, without the express written permission of Pipeline Flyers. Pipeline Flyers retains all rights not specifically granted to Customer. Without limiting the generality of the foregoing, Customer agrees not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source for the FM Technology, or otherwise use or copy the FM Technology or PF Site Content, except that Customer may, during the term of this PFTS, access and use the FM Technology solely through the user interface provided at the PF Site for the sole purpose of placing and confirming the status of Job Orders for Services. The Services are offered for sale and are sold by Pipeline Flyers subject in every case to the condition that such sale does not convey any license, expressly or by implication, to manufacture, duplicate, resell or otherwise copy or reproduce any of the PF Site Content or FM Technology. Pipeline Flyers and the Pipeline Flyers logo are trademarks or service marks of Pipeline Flyers.
Customer agrees to indemnify and hold harmless Pipeline Flyers, its parents, subsidiaries, affiliates, officers and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Customer's use of the PF Site and Services, the violation of this PFTS by Customer, or the infringement by Customer, or other user of the Services using Customer's computer, of any intellectual property or other legal right of any person or entity. This indemnification applies to, but is not limited to, any misuse by Customer of the Direct Mail Service offered by Pipeline Flyers.
10. Links to other Web Sites
The PF Site may now or in the future contain links to other websites. Such linked web sites are operated by third parties and are not under the control of Pipeline Flyers, and therefore Pipeline Flyers is not responsible for the content of any linked site, the services that may be available on a linked site, the links that may be contained within a linked site, or any updates or changes to such linked sites. These links are provided to Customers only as a convenience, and Pipeline Flyers may terminate such links at any time without notice.
Either Customer or Pipeline Flyers may terminate the Services with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. Pipeline Flyers shall not be liable to Customer or any third party for termination of Services. Should Customer object to any terms and conditions of the PFTS or any subsequent modifications thereto or become dissatisfied with the Services in any way, Customer's only recourse is to immediately: (1) discontinue use of the PF Site and Services; and (2) notify Pipeline Flyers of termination. Upon termination of the Services, Customer's right to use the Services immediately ceases. Customer shall have no right and Pipeline Flyers will have no obligation thereafter to forward any unread or unsent messages to Customer or any third party.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Pipeline Flyers may broadcast notices or messages via email to inform Customer of changes to the PFTS, the Services, or other matters of importance; such broadcasts shall constitute notice to Customer.
13. Governing Law and Venue
The PF Site (excluding any links to third-party websites) is controlled by Pipeline Flyers from its offices within the State of California. Because the PF Site may be accessed from any or all of the 50 states, as well as other countries, Customer and Pipeline Flyers agree that the internal laws and statutes of the State of California, excluding its conflict of law provisions, will govern and apply to your use of the PF Site and Services, and this PFTS shall likewise be so governed and construed. Customer and Pipeline Flyers hereby agree the federal and state courts having jurisdiction in the County of San Bernardino, California shall be the sole venue and shall have exclusive jurisdiction to adjudicate any dispute arising out of this PFTS or Customer's use of the PF Site and Services. In connection therewith, Customer and Pipeline Flyers each expressly consent to the exclusive personal jurisdiction of the federal and state courts having jurisdiction within the County of San Bernardino, California. Customer and Pipeline Flyers further agree that any cause of action arising out of or related to the PFTS and/or the PF Site and Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
If any provision of this PFTS is held by a court or other tribunal of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions shall remain in full force and effect. Pipeline Flyers' failure to exercise or enforce any right or provision of the PFTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Pipeline Flyers in writing. Your use of the PF Site, however, may be subject to additional policies, disclaimer, or caveats that may appear throughout the PF Site. If you violate the terms of this PFTS, Pipeline Flyers reserves the right to terminate providing Services to you without notice. Your sole recourse or remedy is to receive a refund for prepaid but unused Services, if applicable. This PFTS may not be assigned or transferred by Customer, by operation of law or otherwise, without the prior written consent of Pipeline Flyers. Pipeline Flyers may assign or transfer this PFTS without consent to its successor in connection with a merger, consolidation, or other form of corporate reorganization, or in connection with the sale of all or substantially all of its assets. Any purported assignment in violation of the foregoing shall be void and invalid. The section titles in the PFTS are solely used for the convenience of the parties and have no legal or contractual significance. This PFTS shall be binding upon and inure to the benefit of Pipeline Flyers and Customer, and their respective permitted successors, assigns and transferees. This PFTS comprises the entire agreement between you ("Customer") and Pipeline Flyers, and supersedes any prior or contemporaneous negotiations, discussions or agreements.
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